Durga Prasad (dead) by Lrs. Vs. Smt. Gita Kumari & Ors.
EmailAppeal: Civil Appeal No.2738 Of 1979
Petitioner: Durga Prasad (dead) by Lrs.
Respondent: Smt. Gita Kumari & Ors.
Apeal: Civil Appeal No.2738 Of 1979
Judges: K. RAMASWAMY & B.L. HANSARIA, JJ.
Date of Judgment: Nov 23, 1995
Head Note:
PRACTICE AND PROCEDURE
Compromise – Out of Court settlement – Appeal disposed of in terms of the compromise.
JUDGEMENT:
O R D E R
1. It was stated in the memorandum of compromise filed in this Court, that the first respondent had willingly agreed to transfer her right, title and interest in the land, as found by the High Court of Patna in Second Appeal No.602/74, in the order dated August 29, 1978, for a valuable consideration of Rs.29,000/- payable in lump sum as agreed between the parties. A copy of the receipt dated 30.3.1980 has already been placed on record signed by the husband of the first respondent that the said amount was already received by her. He stated therein that in his presence the amount was passed on to his wife. Under these circumstances, since the matter has been settled out of the Court, it is not necessary to go into the controversy. The appeal is accordingly disposed of in terms of the above compromise. No costs.
2. The Registry is directed to communicate this order to the respondents as they are not appearing in person or through counsel.
1. It was stated in the memorandum of compromise filed in this Court, that the first respondent had willingly agreed to transfer her right, title and interest in the land, as found by the High Court of Patna in Second Appeal No.602/74, in the order dated August 29, 1978, for a valuable consideration of Rs.29,000/- payable in lump sum as agreed between the parties. A copy of the receipt dated 30.3.1980 has already been placed on record signed by the husband of the first respondent that the said amount was already received by her. He stated therein that in his presence the amount was passed on to his wife. Under these circumstances, since the matter has been settled out of the Court, it is not necessary to go into the controversy. The appeal is accordingly disposed of in terms of the above compromise. No costs.
2. The Registry is directed to communicate this order to the respondents as they are not appearing in person or through counsel.
