HIGH COURT OF UTTARAKHAND AT NAINITAL Second Appeal No. 55 of 2010 Kunwar Singh and another. …Appellants Versus Girish Kuriyal and others. …Respondents. Both the parties are present, in person, duly identified by Mr. Yogesh Pacholia, Advocate. Dated: May 21, 2011: Hon’ble V.K. Bist, J. This appeal has been preferred by the appellants against the judgment and decree dated 18.08.2010 passed by the District Judge, Uttarkashi in Civil Appeal No. 08 of 2008 ‘Kunwar Singh and another vs. Girish Kudiyal and others’ whereby the 1st Appellate Court dismissed the appeal preferred by the appellants and affirm the judgment and decree dated 04.09.2008 passed by Civil Judge (Sr. Div.), Uttarkashi, and also the judgment and decree dated 04.09.2008 passed by Civil Judge (Sr. Div.), Uttarkashi in Original Suit No. 13 of 2006 ‘Girish Kudiyal and others vs. Chandresh Dutt and others’, by which the trial Court dismissed the suit instituted by the plaintiffs (appellants herein). 2. Originally, suit no. 13 of 2006 was instituted by Darshal Lal Kuriyal, who died later and then the suit was prosecuted further by his legal hairs i.e. Girish Kuriyal and another. 3. Special Power of Attorney has been executed by Madan Singh (appellant no.2) in favour of Kunwar 2 Singh (appellant no.1) authorizing him to pursue this appeal on his behalf also. Similarly, a Special Power of Attorney has been executed by Smt. Basanti Devi, mother of respondent nos. 1 to 4, Girish Kuriyal, Subhash Kuriyal and Vipul Kuriyal (respondent nos. 1, 2 and 4) in favour of Arvind Kuriyal (respondent no.3) authorizing him to pursue the matter. This Court on 24th February, 2011, while admitting the Second Appeal, issued notices to the respondent nos. 1, 2 and 4 to 7, but none has turned up on behalf of respondent nos. 5 to 7. The respondent Chandresh Dutt, Shiv Dutt and Prabhu Dutt (respondent nos. 5 to 7 respectively) have been shown as proforma respondents, who said to have sold the property in question. 4. The matter was put before the Lok Adalat, held today in this High Court. 5. The appellant no. 1 Kunwar Singh as well as respondent no.3 Arvind Kuriyal remained present before the Lok Adalat, who are identified by Shri Yogesh Pacholia, Advocate. 6. The parties have entered into an amicable settlement outside the Court and they have signed the compromise deed, which has been executed on 19.05.2011 in presence of Mr. Ravindra Semwal, Advocate. The terms of the compromise dated 19.05.2011 is filed today before the Lok Adalat and the contesting parties consented that they have entered into a compromise. According to the compromise, the appellant no.1 Kunwar Singh and respondent no.3 Arvind Kuriyal do not want further to contest the present issue. The compromise-deed is duly 3 verified today by Shri Anuj Kumar Sangal, Registrar (Protocol) of this High Court, which is annexed with the endorsement of the Registrar (Protocol)/Presiding Officer. Special Power of Attorneys are also annexed with the compromise deed. Now, as the parties have entered into a compromise, this Court is refraining to enter into the merits of this appeal. 7. Accordingly, the instant Second Appeal is disposed of in the terms and conditions of the compromise deed dated 19.05.2011 arrived at in between the parties, which has been verified on 21.05.2011 in the Lok Adalat. The compromise-deed shall form part of this order. (V.K. Bist, J.) 21.05.2011 NCM: