IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Stay Vacation Application No.5712 of 2006 Compromise Application No.2083 of 2008 In First Appeal No.13 of 2004 1. Abdul Gaffar S/o Sri Umar Bux. 2. Zahid Hussain. 3. Wahid Hussain Both sons of Abdul Gaffar, All R/o Mohalla Islam Nagar, Tehsil and District Haridwar. ……Appellants. Versus Smt. Kisan Dai, W/o Sri Shankar Lal, R/o House No. 26, H Type II, Sector-2, B.H.E.L. Ranipur, Tehsil and District Haridwar. ..Respondent. Mr. Tapan Singh, Advocate holding brief of Mr. Lok Pal Singh, Advocate for the appellants. Mr. Vivek Shukla, Advocate for the respondent. Date: - 26-03-2010 Hon’ble B.S. Verma J. Heard learned counsel for the parties and perused the record. This appeal preferred under Section 96 of C.P.C., is directed against the Judgment dated 07-02-2004 and decree dated 18-02-2004 passed by Additional District Judge /3rd F.T.C. Haridwar in Original Suit No. 123 of 1997. 2 The suit was filed for specific performance of contract directing the respondent No.1 to execute the sale deed on the basis of agreement dated 6-11-1996. During the pendency of appeal, the parties have entered into compromise. This Court has directed on 07-05-2008 that the parties shall appear before the Trial Court for verification of compromise. On 24-11-2008, the parties appeared before the Court below and compromise was verified by the Trial Court. The compromise application is paper No. 85 C 2/1 to 85 C2/2 on record. As per the compromise, the parties have prayed to allow the appeal and the judgment of the decree be set aside. In view of the compromise, which was duly verified by the Trial Court on 24-11-2008 is on record bearing No.85 C2/1 to 85 C2/2 compromise is supported by an affidavit 86C2/1 to 86C2/4. The appeal is allowed and the suit for specific performance of contract is dismissed. The compromise shall form part of the decree. All pending applications stand disposed of accordingly. (B.S. Verma, J.) 26-03-2010 MK