RSA No.467 of 2002 30.11.2011 Present: Mr.Harish Bahl, Advocate, for the appellants. Mr.Ankush Dass, Advocate, for the respondents. Court Master shall supply attested copy of report dated 19.11.2011 of Tehsildar, Ghumarwin, alongwith documents to facilitate the learned counsel to file application for compromise. Post at 2 p.m. 30th November, 2011 (Sanjay Karol) (k.sharma) Judge 30.11.2011 Present: Mr.Harish Bahl, Advocate, for the appellants. Mr.Ankush Dass, Advocate, for the respondents. Appellant No.4 Amit Kumar, appellant No.6 Shri Ranjit alias Ram Lal, appellant No.8 Shri Chet Ram and appellant No.9 Sh.Dina Nath are present today. Respondent No.4 Shri Ishwar Dev, is also present. 2. Pursuant to orders dated 9.11.2011, Tehsildar, Ghumarwin has placed on record his report. Inspection, in the presence of contesting parties was carried out on the spot and relevant revenue record prepared thereafter. Contesting parties have now placed on record an application under Order 23 Rule 3, CPC incorporating the terms of compromise duly entered into between themselves. Registry is directed to register the same. 3. Application is supported by affidavits and application is also signed by the contesting parties, their learned counsel who otherwise are under authorization to compromise the matter and make statement apart from the fact that otherwise they have been instructed to do so. Terms of compromise as arrived at by the contesting parties are incorporated in para 3 of the application. It is seen that since the year 1987, parties have been litigating. The land involved in the present appeal is only 5 Biswas. The remaining judgment debtors, proforma respondents, have also not filed any appeal and qua them findings rendered in the judgment and decree dated 23.9.2002 passed by District Judge, Bilaspur, in Civil Appeal No.18 of 1995, titled as Shri Basu Dev and others vs. Smt. Parwatu and others have attained finality. 4. In my view, compromise arrived at between the parties is lawful, in their interest as also in the interest of justice. Terms of compromise which are unambiguous have been duly incorporated in the application and parties are bound by the same. Their undertakings made through their counsel are taken on record and accepted. Impugned judgment and decree dated 23.9.2002 passed by District Judge, Bilaspur, in Civil Appeal No.18 of 1995, titled as Shri Basu Dev and others vs. Smt. Parwatu and others, is modified in terms of the compromise incorporated in the application which shall form part of the decree. 5. Revenue Authorities shall record the factum of handing over possession of the land of respondents No.1 to 6 given in exchange to the present appellants as per Tatima Annexure ‘A’, attached with the application, within a period of four weeks from today. Thereafter, within six months appellants shall hand over vacant and peaceful possession of the part of the suit land presently in their possession. as identified by the parties, alongwith superstructure built thereupon, to respondents No.1 to 6. Parties are at liberty to move the revenue authorities for all consequential actions. 6. The application is allowed and consequently the present appeal is disposed of as having been compromised. A decree sheet be prepared within a period of two weeks from today. 7. I must place on record with appreciation, the efforts put in by the learned counsel to convince their clients to arrive at an out of Court settlement and put an end to a litigation pending from the year 1987. 30th November, 2011 (Sanjay Karol) (C) Judge