RSA 93/2001 BEFORE THE HON’BLE MR JUSTICE C.R. SARMA Heard Mr. S. Chakraborty, learned counsel, appearing for the appellant. Also hea rd Mr. N. Islam, learned counsel, appearing for the respondent No.1. By filing a joint compromise petition under Order 23 Rule 3 CPC read with Sectio n 151 CPC, the appellant and the respondent No.1 have prayed for disposing the a ppeal on compromise without cost as per terms and conditions laid down in the sa id compromise petition. It is also submitted that none of the proforma responde nts contested the First Appeal and that they are not interested in this appeal. From the record, it appears that Title Suit No.38/92 was filed by Sri Sita Ram R abidas i.e. the respondent in this appeal, against the appellant and Smti Haria Rabidas, Shri Raghunath Rabidas, Sri Ramlal Rabidas and Sri Sri Narsingha Brigra ha, represented by Shri Badri Narayan Agarwal (Proforma Defendants). The learned Sadar Munsiff No.2, Silchar, decreed the suit on contest. The said decree was c hallenged by Sri Dhananjoy Kumar Deb i.e. the present appellant and the learned first appellate Court while upholding the decree passed by the trial Judge, dism issed the appeal aforesaid, by his judgment and order, dated 21.05.2001, passed in T.A. No.51/1996. Being aggrieved, Sri Dhananjoy Kumar Deb, as the sole appell ant, has preferred this Second Appeal. In this Second Appeal, Sri Sita Ram Rabid as has been shown as the respondent and Smti Haria Rabidas, Sri Raghunath Rabida s, Sri Ramlal Rabidas and Sri Sri Narsingha Brigraha, has been shown as the Prof orma defendants. The judgment and decree passed by the learned trial Judge was c hallenged by the present appellant by preferring the Title Appeal No.51 of 1996. In view of the above, as the appellant and the respondent No.1, who obtained the decree before the learned trial Judge, have settled the matter by filing the jo int compromise petition aforesaid, this Second Appeal is disposed of on compromi se and the Joint compromise petition marked as ’X’ be treated as a part of the r ecord. The decree be prepared accordingly. The Registry is directed to send back the Lower Court Records.