Order with Signature Off ice Note as to action (if any) taken on Order At the very outset Mr. B.K. Gupta, learned Counsel appearing for the Appellant as well as Mr. K.T. Bhutia, .learned Counsel for the Respondent submi#t the Bar that the parties had settled their disputxand the differences. In support of their contention, the learned Counsel for the parties further contended that the parties have filed a joint compromise petition today. I have perused the joint compromise petition and the compromise petition +c.. contains the related camp:;rise and th€ conditions of r= it which are relevant in the case and, accordingly, it is reproduced as hereunder:- "a) That the appellant shall handover khas and peaceful possession of the suit premises fully described in schedule-B of the plaint i.e. all that road level flat covering the plinth area of 30'x20' of two storied R.C.C. Building of the respondent situated at Masjit Road, P.O. & P.S. Jorethang, South Sikkim butted and bounded in the East house of Shri Narsingh Lepcha, in the West Masjit main Road, in the North house of Shri Chandrika Prasad, in the South Gully and house of Shri Phigu Pradhan. b) That out of total arrears of Rs.79,200/- the respondent acknowledged the receipt of Rs.25,000/- deposited by the appellant in the Registry of this Hon'ble High Court as per the order dated 19-12-2005. . ` 11 .- SerialNo.of Dateof Order with Signature Office Note as to .action(ifany) Order Order taken on Order c) That out of remaining arrears of rent of i..I l.-LLJ-.fuLuvfty.I.tyto.Iditu`"3A3;'gs Rs.54,200/-the appellant is willing to pay a sum of Rs.20,000/- to the respondent and handover the furniture and fixture i.e. two wall racks and two small showcases worth of Rs.10,000/-as full and final payment towards the rent. d) The appellant shall handover the khas and peaceful possession of the suit premises with furniture and fixture as memioned above and pay the agreed amount of Rs.20,000/- on or before 20-06-2006 in terms of above conditions as the parties have amicably settled their dispute '' ::P:eysecnocnes:dfe:°e':°v|:nwg,:;tL:e:Soe:riAife%t/the compromise petition of the parties to meet the ends of justice and, accordingly, the same is accepted thus forming it as part of this order. The decree is to be drawn and prepared by the Registry in terms of the said compromise petition which contains the trrmt' and conditions of it. In view of it,this -appealis finally disposed of on compromise but,no order as to cost. ` , (NS::]ianisingh) Acting Chief Justice HIGH COGLR:T:: OF SIKKIM REGULAR FIRST APPEAL (CIVIL) NO.02 0F 2005 AGAINST THE JUDGMENT AND oRI]ER DAmD 29.o8.o5 pAssED By THE LD.DlsTRICT JUDGE (SouTH AND WEST) IN TITLE SUIT No.02 oF 2004. Regular First Ap|}eal (Civil) No. 2 of 2005 Md.J3hiruddin, S/o Sheik Mohanmmad R/o. Masjid Line, P.O. & P.S. Jorethang, South Sikkim. - Appellant. Versus shri K.B.cintny, S/o. I,ate N.B.Cintury, R/o. Jorethang, South Sikkim. ~ Respondent. DECREE IN FIRST APPEAL This Appeal coming on this 9th day of June, 2006 before Honble Shri Justice, N.S.Singh, Acting Chief Justice of this Court for disposal in presence of the learned c.ounsel Shri B.K.Gupta for the appellant and learned counsel Shri K.T.Bhutia for the respondent. It is hereby ordered that the appeal of the appellant be and hereby decreed in terms of the compromise deed dated 8th June, 2006 which shall fomi a part of this decree. There is no order as to costs. Cost of suit Sl.No. Appellant' s side Sl. No. Respondent's side 1. Stanp for memo of appeal. : Legal Aid 1. Written Objection:-Nil 2. Stamp for Vakalatnama:- Rs. 02.00 2. Stamp for i;ower: Nil 3. I Application for Misc. Appl.:-RS.12.00 3. Misc:-Nil 4. Pleader's fee : N/A. 5. Service Process:-N/A 6. Petition for Compromise:-Rs.2.00 Total Rs. 16.00 Total Nil Given under my hand and the seal of this court this 9th day of June, 2006 Decree sheet prepared by:- Gangtok Ji/,../,, I • I (,- ; >J ,-.. i