IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.304 of 2005 ----------- 1. Subh Karan Prasad Bubna, son of late Mahabir Prasad Bubna 2. Bijay Raja Prasad Bubna, son of Subhkaran Pd. Bubna 3. Smt. Gayatri Devi, wife of Subhkaran Pd. Bubna All residents of village Jhajhihat Bazar, P.S. Pupri, P.O. Janakpur Road, District Sitamarhi. ….Plaintiffs- Respondents-Appellants -versus- 1. Smt. Chand Devi, D/o late Sant Prasad Gupta 2. Smt. Radha Devi 3. Madhu Devi Daughters of late Sant Prasad Gupta 4. Prakash Chandra Gupta 5. Krishna Chandra Gupta 6. Suresh Chandra Gupta 7. Subhas Chandra Gupta Nos. 4 to 7 sons of late Sant Prasad Gupta, All residents of village Jhajhihat Bazar Bazar, P.S. Pupri, P.O. Janakpur Road, District Sitamarhi. …….Defendants-Appellants-Respondents 1st party. 8. Smt. Sumitra Devi, W/o late Laxman Raja Bubna, resident of village Jhajhihat Bazar, P.S. Pupri, P.O. Janakpur Road, District Sitamarhi. …Plaintiff no.4-Respondent-Respondent 2nd party. --------- For the appellants : Mr. Yogendra Mishra, Advocate. For the respondents : M/s Ramesh Kumar Choudhary and Raghunath Kumar, Advocates. -------- 08/ 08.02.2010 Heard learned counsel for the appellants and learned counsel for the respondents. 2. I.A. No. 7023 of 2009 has been filed on behalf of all the parties to the second appeal and it has been duly signed and affidavited by the parties. 3. The said interlocutory application is in accordance with law and the office has pointed that there is no defect therein. In the said interlocutory application, it is stated that during the pendency of the instant second appeal the dispute between the 2 parties has been settled due to intervention of common friends and well-wishers in accordance with the terms of compromise, which are enshrined in paragraph no.6 of the interlocutory application, which were accepted by all the parties with their free will without any coercion and fraud after knowing its content full well. The said terms are as follows :- (i) The plaintiffs appellants and Sumita Devi respondent no.8 have given up their claim over the total lands measuring 5 dhurs which forms part of R.S.P. No. 75 belonging to the defendants and the defendants- respondents have title and possession over the same. (ii) The entire R.S.P. Nos. 70 and 74 will remain with the plaintiffs as their ancestral land and defendants will have no concern with the same and have no right to interfere in any way with the same. (iii) That the compromise will form part of the decree and judgment and decree of two courts below will be set aside. (iv) The compromise petition will form part of decree. (v) The aforesaid appeal will be disposed of in terms of the compromise. (vi) The parties will bear their cost of the litigation. 4. In view of the aforesaid facts and circumstances, the said interlocutory application is allowed and this second appeal is disposed of and the judgment and decree of the learned courts below 3 are modified to the extent of the aforesaid terms of compromise. Let a decree be prepared in accordance thereof. MPS/ ( S. N. Hussain, J. )