IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.147 of 1979 SHEO JATAN SINGH Versus SHEO PUJAN SINGH & ORS ----------- 32. 21.07.2010. Heard the learned counsel, Sri Binod Kumar Singh on behalf of the appellants and the learned counsel Sri Bipin Kumar on behalf of the respondents on the compromise application being I.A. No.5142 of 2009 at flag ‘C’. This First Appeal arises out of the Judgment and Decree dated 25.11.1978 passed by Sri Bhikhari Roy, Subordinate Judge 8th Siwan in Title Suit No.71 of 1971 / 5 of 1978 decreeing the plaintiff-respondent suit for partition. The defendants have filed this Appeal. During the pendency of this Appeal, the parties have compromised and a compromise application has been filed which is I.A. No.5142 of 2009. All the parties have singed the compromise application. After signing the compromise application, the appellant Sheo Jatan Singh died and his son has been substituted, who has filed an application being I.A. No.6226 of 2010 wherein he has admitted the compromise and the affidavit has been filed by him in support of his contention. It further appears that an affidavit have already been filed stating therein that the legal guardian of the minors who are representing the minor respondent have got no adverse interest against the minor. 2 In view of the above facts, it appears that now the dispute between the parties with respect to the subject matter of the suit has been settled outside the Court by way of compromise. I find no defect in recording the said compromise. Accordingly, the compromise application being I.A. No.5142 of 2009 is allowed. Let a final decree be prepared according to compromise application and the compromise application shall form part of the final decree. In view of the above, this First Appeal is disposed of in terms of the compromise Sanjeev/- (Mungeshwar Sahoo, J.)