Court No. - 5 Case :- SECOND APPEAL No. - 362 of 2018 Appellant :- Satyendra Pal Singh Respondent :- Devendra Pal Singh Sarna Counsel for Appellant :- Shafiq Mirza,Mohan Singh,Pankaj Kumar Gupta Counsel for Respondent :- Sushil Kumar,Sushil Kumar,Vaibhav Srivastava,Vinod Mishra Hon'ble Abdul Moin,J. 1. Heard Shri Pankaj Kumar Gupta, learned counsel for the appellant and Shri Vaibhav Srivastava, learned counsel appearing for the respondent. 2. Affidavit of compromise filed today is taken on record. 3. Learned counsels for the contesting parties state that this Court vide order dated 17.02.2025 had recorded the statement of the learned counsel for the respondent about the possibility of settlement in regard to the dispute. 4. Learned counsel for the appellant states that the terms of the compromise have been set forth in para 5 of the affidavit of compromise and learned counsel for the parties state that they will adhere to the terms and conditions of the compromise which are as under:- "(i) That it is pointed out that the second party has also written various letters to Indian Oil Corporation for removal of tank and machinery but they have neither remove the tank nor the machinery. The true copies of letters dated 30.05.2023, 29.05.2023 and 24.03.2025 written by the Second Party to the Indian Oil Corporation are annexed here with collectively as Annexure No.4. (ii) That it is also pertinent to point out here that when the talks of compromise are going on, the first party has also written to Indian Oil Corporation for removal of the tanks and machinery. The true copy of the letter dated 17.03.2025 written to the Indian Oil Corporation by the First party is Annexed herewith as Annexure No.5. (iii) That the first party will again write letter to Indian Oil Corporation to remove tank and machinery and will make every endeavor to remove the tank and machinery from the premises of the second party and will not create any hindrance in removal of tank and machinery form the premises of the second party. (iv) That the First Party will remove all the pillars, canopy, shed and other articles belonging to the First Party, situated and kept in the premises of the Second Party within a period of Ten days from the date of the order. (v) That the second party has waived off the amount of money decree awarded by the learned trial court vide judgment and decree dated 31.01.2015 and order dated 06.12.2022 which was to be recovered from the First Party and as such now he (Second Party) will not claim the same. (vi) That in case of the first Party (the debtor) fails to remove the pillars and canopy falling in the premises of the Second Party within ten days or the time period fixed by this Hon'ble Court, the First Party will pay the rent of Rs.30,000/- (Thirty Thousand) per month to the Second Party and in case the same is not removed within a month, the Second Party will be entitled to execute the money decree." 5. Considering the aforesaid, the appeal stands disposed of. 6. All the proceedings arising out of the orders passed by the learned Trial Court stand concluded in terms of this order. Order Date :- 10.4.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench