PATNA, India, May 6 -- Patna High Court issued the following judgment on April 2:

1. Heard the learned counsel for the parties.

2. The present First Appeal has been preferred against the judgment and decree dated 18.07.1977 passed by 3rd Additional Sub-Judge, Gopalganj in Title Suit No. 44 of 1968/18 of 1976, whereby and whereunder the suit was decreed in part:

" on contest with proportionate costs against the defendants no. 1 and 2, without cost against the defendant nos. 16 and 17 and exparte without cost against the rest. Advocate's fee at 32/- only. It is declared that the deed of gift dated 19.12. 1958 executed by Jugesar Tiwary alias Jugi Tewary in favour of the defendants 1 and 2 with respect to the properties mentioned in schedule no.7 of the plaint is a null and void document. It is further declared a that in the properties mentioned in the schedules 1, 2 and 6 of the plaint the plaintiffs have their share to the extent of 5/18, in the properties mentioned in the schedule no.3 of the plaint they have share to the extent of 5/72 and in each of the properties mentioned in the schedules 4 and 5 of the plaint they have shares to the extent of 5/36. At the time of the final decree the properties mentioned in schedules 1 to 6 of the plaint will be partitioned by metes and bounds and the shares of the plaintiffs in those properties will be carved out to the extent mentioned above."

3. At the outset, learned counsel for the appellants submits that he has filed an interlocutory application being I.A. No. 12 of 2023 in the present appeal praying therein to decide the appeal on the basis of compromise entered between the parties.

4. It has been submitted that due to intervention of friends and well wishers of the parties and family members, good sense has prevailed and during the pendency of the appeal the parties have agreed to a compromise and have settled the litigation outside the Court after amicably solving their dispute.

5. It has further been submitted that as per the compromise, the landed properties mentioned in Schedule 1 (A) have been allotted to Adalat Tiwari (Respondent No.1) for the share of Urmila Devi, wife of Late Upendra Tiwari deceased son of Sri Adalat Tiwari) as well as for her two sons namely, Manoj Kumar and Vinod Kumar Tiwari Tiwary jointly.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MSM3MDgjMTk3NyMxI04=-B7t2yw0XjtU=)

Disclaimer: Curated by HT Syndication.