1 10 S.B. CIVIL FIRST APPEAL NO.464/2007 Sayar Kanwar & Anr. Vs. Ghanshyam Singh Date of Order :: 16th January 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.Nikhil Dungawat ) Mr.Mahaveer Singh ) for Mr.P.S.Bhati), for the appellants. Mr.Devendra Mahalana,for the respondent .... The application (IA No.11416/2008) has been moved with the submissions that though this appeal has been preferred against the judgment and decree dated 21.07.2007 as passed by the Additional District Judge (Fast Track) No.3, Bikaner in Civil Suit No.348/2005 whereby the learned Trial Court has passed a preliminary decree for partition, but the contesting parties have since arrived at a compromise and have filed the deed of compromise before the learned Trial Court. While annexing photostat of the order dated 01.07.2008 as passed by the learned Trial Court and the deed of compromise dated 01.07.2008, it has been prayed that this matter may be disposed of in terms of the said compromise. From the photostat as placed on record, it appears that the parties have indeed arrived at a compromise and filed a deed thereof before the learned Trial Court. However, the learned Trial Court in its order dated 01.07.2008 expressed 2 inability to pass any further order in view of the stay order as passed in this appeal on 01.10.2007 to effect that the Trial Court may proceed with preparation of final decree but shall not draw the final decree; and the parties were directed to maintain status quo. Learned counsel for the parties are ad idem that the parties have since arrived at the compromise as spelt out in the compromise deed dated 01.07.2008. In view of the aforesaid, nothing further survives for consideration so far this first appeal against the preliminary decree is concerned; and the same having been rendered infructuous, is required to be dismissed as such. So far final orders in terms of the compromise between the parties are concerned, requisite proceedings are, obviously, required to be taken up and completed by the learned Trial Court. Accordingly, this appeal is dismissed as infructuous without any orders as to costs. The record as received in this appeal be immediately returned to the Trial Court concerned. (DINESH MAHESHWARI), J. s.soni