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2025 DAILYLAW 114330 (ALL)

AKHATAR HUSAIN v. WASEEM AHMAD

SAPL/203/1996 · 2025-02-11

Manjive Shukla

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8851 Court No. - 21 Case :- SECOND APPEAL No. - 203 of 1996 Appellant :- Akhatar Husain Respondent :- Waseem Ahmad Counsel for Appellant :- Mohd. Arif Khan,M. Khalid,Mohammad Aslam Khan,Mohd. Ali Counsel for Respondent :- Ravi Prakash,Ajit Singh,Atiya Abid,Narendra Gupta,R.G. Misra,Rajiv Shukla,S.C. Srivastava,Shaily Bano,Syed Anzar Husain Hon'ble Manjive Shukla,J. 1. Heard Sri M.A. Khan, learned counsel appearing for the appellant and Sri Syed Anzar Husain, learned counsel appearing for the opposite party. 2. The appellant has filed this second appeal challenging therein, the judgement and decree dated 02.04.1996 passed by the learned Additional District Judge, Lucknow (8th) in R.C.A. No. 171 of 1988 whereby, the learned first appellate court had set-aside the order and decree dated 4.11.1988 passed by the learned Additional Munsif (13th), Lucknow in Case No. 393 of 1985. 3. During pendency of this second appeal, the appellant and the opposite party have entered into a compromise on 21.05.2024 and have settled their dispute outside the Court. The copy of the Compromise Deed dated 21.05.2024 has been filed before this Court on 15.07.2024 along with an application for taking the Compromise Deed on record. 4. The aforesaid Compromise Deed filed by the appellant was referred by this Court to the learned Registrar of this Court for verification in presence of the appellant and the opposite party. The Registrar of this Court has submitted his verification report dated 13.09.2024 which is extracted as under: "My Lord, Vide Hon'ble Court's order dated 06-09-2024, parties were directed to appear before the undersigned today for verification of compromise deed. The said compromise has been enclosed as Annexure No.1 to the application for taking on record compromise deed. Today, appellant Smt. Shahida Khatoon w/o Late Mohammed Aslam alongwith her learned counsel Shri Aslam Khan, Advocate and opposite party namely Wasim Ahmed@ Massan s/o Late Saghir Husain @ Munna alongwith his learned counsel Shri Syed Anzar Husain, Advocate are present before me. Vakalatnama of counsel for both the parties is on record. The proof of identity i.e. Aadhar Card is produced by both the parties, at the time of verification. The contents of the said compromise deed have been read over and explained to both the parties to the compromise deed and they have stated that they have executed the same according to their free will and as a token there of they have affixed their photographs, put T.Is. and signatures, which are duly attested and verified by their respective counsels. In view of the said facts, the compromise between appellant Smt. Shahida Khatoon w/o Late Mohammed Aslam and opposite party namely Wasim Ahmed @ Massan s/o Late Saghir Husain @ Munna is being verified by me today i.e.13th day of September, 2024. The report is submitted before Hon'ble Court for orders. Dated:13-09-2024" 5. This Court finds that the parties have settled their dispute in respect of the property in question outside the Court and the said compromise had been recorded in a Compromise Deed which has been placed on record in this second appeal. Since the parties to this second appeal have entered into compromise and a Compromise Deed had been prepared and had been placed on record of this second appeal, this second appeal is allowed in terms of the Compromise Deed dated 21.05.2024 and the judgement and decree dated 02.04.1996 passed by the learned Additional District Judge, Lucknow (8th) in R.C.A. No. 171 of 1988 is hereby set-aside. Order Date :- 11.2.2025 Gaurav/A. Mandhani Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad, Lucknow Bench