RSA No.15 of 2008 Present: Mr. Ranjit Saini, Advocate for the petitioner. Mr. Anil Kheterpal, Advocate for respondent. **** This appeal has been filed against the judgment and decree of the Lower Appellate Court decreeing the suit filed by the respondent primarily holding that the parties had at one stage compromised the suit as Ex. CX and therefore the present appellant could not be permitted to resile therefrom. The Lower Appellate Court however, decreed the suit in entirety without reference to the compromise. Learned counsel for the appellant has urged that the appellant is willing to accept the compromise Ex. CX and has prayed for a suitable modification of the decree. Learned counsel for the respondent has fairly stated that this clarification is acceptable to him. In view of the agreement between the parties, it is held that the suit of the respondent be decreed in terms of the compromise Ex. CX and to that extent the decree of the Lower Appellate Court is modified. Consequently, the compromise Ex. CX would form part of the decree to be prepared in terms of this order. Consequently, the appeal is disposed off in the above terms. No costs. November 10, 2008 (AJAY TEWARI) sonia JUDGE