1 S.B. Civil First Appeal No.423/2006 Smt. Dhapu Bai vs Smt. Shankeri Devi & Ors. Date of order : 11.9.2007 HON'BLE MR. PRAKASH TATIA, J. Mr.SS Shaktawat,for the appellant. Mr.Pradeep Choudhary, for the respondents. <><><> Learned counsel for the parties submit that the plaintiffs filed the suit for cancellation of sale deed, which was decided by the trial court vide impugned judgment and decree dated 2nd June, 2006. It appears from the said judgment and decree dated 2nd June, 2006 that the suit was decreed on the basis of some settlement produced before the trial court. However, the appellant aggrieved against the said judgment and decree has preferred this appeal. Both the parties submitted compromise before this Court on 3rd July, 2007 stating that the appellant shall pay Rs. 1 lac more to the respondents and then the respondents-plaintiffs will withdraw their plea of cancellation of sale deed in question. Learned counsel for the respondents-plaintiffs submits that respondents have received the consideration of Rs. 1 lac. Learned counsel for the respondents-plaintiffs further prays that now the suit of the plaintiffs may be dismissed as withdrawn 2 and, therefore, the judgment and decree passed by the court below may be set aside. Since the matter has been settled between the parties and in view of the fact that plaintiffs want to withdraw their suit then natural consequence is that the decree under challenge dated 2nd June, 2006 is liable to be set aside, hence, set aside. The sale deed in question shall be treated as not cancelled. The appeal is disposed of in terms of the compromise. (PRAKASH TATIA), J. c.p.goyal/-