IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.12710 OF 2010 1. RAGHAV SHARMA S/O LATE TRIPTI NARAYAN SHARMA R/O VILL.- GOPALPUR, P.S.- NAUBATPUR, DISTT.- PATNA VERSUS 1. THE STATE OF BIHAR 2. THE ADDITIONAL COLLECTOR, PATNA 3. THE DEPUTY COLLECTOR, LAND REFORMS, DANAPUR, PATNA 4. THE ANCHALADHIKARI, NAUBATPUR BLOCK P.S.- NAUBATPUR, DISTT.- PATNA 5. RAJNATH SHARMA S/O LATE TRIPTI NARAYAN SHARMA R/O VILL.- GOPALPUR, P.S.- NAUBATPUR, DISTT.- PATNA **************** 5 02/11/2010 This matter arises out of a dispute between the two full brothers, which is being contested in mutation proceedings. The admitted case of the parties is that about 8 bighas 8 kathas of lands are ancestral lands recorded in the name of the petitioner, being the Karta of the family. The main dispute relates to about 18 kathas of lands, which according to the petitioner is purchased out of his own savings. The case of the respondent no. 5 is that the 18 kathas of lands have been purchased out of the joint family funds and he has a right over half of the purchased lands. On intervention of this Court, Counsels for the parties have sought instructions from their respective clients and have agreed to compromise the matter in the following manner, which is that each of the parties 2 would get half and half share in the ancestral property. The petitioner has agreed that he is ready to give up in the share of four kathas of lands, which have been sold by respondent no. 5 from his self acquired property (18 kathas) to a third party. Raj Nath Sharma, on the other hand, has agreed that he would not interfere in the title or possession of the rest of the 14 kathas of land recorded in the name of the petitioner’s wife (family). The parties have also agreed that they will not file any suit or application with respect to these properties in any Court of Law. In view of the compromise, this order is being passed in open Court in the presence of the two parties. It is made clear that any alienation made in the ancestral property by either of the party will fall in their respective shares. In view of the facts and the compromise, noted above, this writ application is disposed of in the aforesaid terms. Anand ( Sheema Ali Khan, J. )