IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.7358 of 2006 Hari Ram Gupta son of late Shri Sohan Lal and Others VERSUS Ashok Kumar Gupta son of Shri Bal Ram Gupta and Others Date of Order :::: March 11th 2010 Hon'ble Mr. Justice Dalip Singh Mr. Pankaj Gupta, Counsel for the Petitioners Mr. Vijay Kumar Gupta, Counsel for the Respondents *** By the Court :
Heard learned counsel for the parties.
This writ petition has been preferred by the defendant-petitioners against the order dated 01.06.2006 by which the application submitted by the plaintiffs under Order 8 Rule 1 C.P.C. for closing the rights of the defendant-petitioners No.1 to 4 for filing the written-statement has been allowed.
Before this Court the parties moved an application bearing No.9147 dated 23.02.2010, wherein it has been stated in Para 6 of the application that the parties have amicably settled their dispute and a compromise-deed has also been executed by all the parties, which has been filed before this Court, along with the said application.
In the application bearing No.9147, it has been prayed that the application may be allowed and the original compromise-deed, which has been filed, along with the application be taken on record and the writ petition may be allowed.
In support of the application, an affidavit of Neeraj Gupta, the petitioner No.4 as well as Ashok Kumar Gupta son of Shri Bal Ram Gupta, the respondent No.1-plaintiff has been filed admitting the contents of the aforesaid application.
In view of the above, it is directed that the Registry would send the original compromise-deed filed, along with the said application to the learned trial Court, which would attest the same and decide the suit in the light of the terms of compromise and pass the decree accordingly.
The writ petition as prayed in the application is allowed. The impugned order dated 01.06.2006 is set aside.
The miscellaneous application bearing No.4649 dated 28.01.2010 and the miscellaneous application bearing No.9147 stand disposed of accordingly.
The parties are directed to appear before the learned trial Court on 16.04.2010 for the aforesaid purpose.
(Dalip Singh), J.
Ashok