1 Second Appeal No.923/2005 15.11.2011 Shri Ajay Mishra, Advocate for the appellant. Shri Vinay Saraf, Advocate for the respondent. Appellant Mitthulal S/o Shantilal Jain and Bherulal S/o Champalal Jain are also present in person. Heard on I.A. No.6084/11, an application for compromise, filed by the parties under Order 23 Rule 3 read with Section 151 of Civil Procedure Code, 1908. This application is supported by the affidavits of the appellant and respondent and both the parties have been identified by their respective counsel. This appeal has been filed by the defendant against the judgment & decree dated 29.3.2005, passed by the 20th Additional District Judge, Indore in Civil Regular Appeal No.19/2005, whereby the learned lower appellate Court reversed the judgment & decree of the trial Court and decreed the suit for mandatory injunction. Learned counsel for the parties have made a statement at Bar that during pendency of this appeal certain portion of the suit premises which was in a dilapidated condition has been fallen and possession of the said portion is with appellant- defendant and, therefore, the matter has been amicably settled in terms of the compromise, which are as under:- ^2(v) vihykFkhZ feV~Bwyky tSu ;g Lohdkj djrs gSa fd edku uacj 235 (iqjkuk uacj 181) [ktwjh cktkj] egkRek xka/kh ekxZ] bUnkSj izfrvihykFkhZ HksZ:yky firk Lo- Jh pEikyky tSu ds ,dek= ekfydh ,ao vkf/kiR; esa gS ,ao mlesa vihykFkhZ feV~Bwyky tSu dk fdlh izdkj dksbZ gd] fgLlk] vkf/kiR; ;k fgr fufgr ugh gSs A (c) vihykFkhZ feV~Bwyky tSu }kjk fiNys dbZ oiksZa ls oknxzLr dejs ,ao <kfy, dk mi;ksx ugha fd;k tk jgk Fkk vkSj mDr dejk ,ao <kfy;k fxj tkus ds ifj.kkeLo:i vihykFkhZ dh vksj ls izLrqr vihy fuIQy gks xbZ gS rFkk nkfo;k LFkku dk vkf/kiR; Loeso izfrvihykFkhZ Hks:yky tSu dks izkIr gks x;k gS] ftUgsa nkfo;k edku dk mi;ksx] miHkksx] uofuekZ.k] O;;u viuh bPNk vuqlkj djus dk iw.kZ vf/kdkj izkIr gS] ftlesa vihykFkhZ dks 2 dksbZ vkifRr ;k gqTtr ugha gS A (l) mHk; i{k viuk & viuk okn O;; ogu djasaxs A* The compromise is lawful and both the parties at their Will signed the application and agreed for the terms & conditions set out in the application. In view of the aforesaid, the application for compromise is allowed. Consequently, the appeal is disposed of in terms of the compromise. Decree be accordingly modified. Certified copy as per rules. (P.K. Jaiswal, J.) rcs*