1 2025:CGHC:19716 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 282 of 2025 1 - Nirapad Rai S/o Late Surendra Nath Aged About 70 Years R/o Banaras Road, Bangalipara, Ambikapur, District Surguja Chhattisgarh (Defendant No. 1) ... Petitioner versus 1 - Smt. Sushma Gupta D/o Rajest Kumar Gupta Aged About 42 Years R/o Thana Road, Ambikapur, District Surguja Chhattisgarh (Plaintiff) 2 - State Of Chhattisgarh Through Collector, Ambikapur, District Surguja Chhattisgarh (Defendant No. 2) ---- Respondents For Petitioner : Shri Anurag Singh, Advocate. For Respondent No.1 : Shri Shikhar Bhaktiyar, Advocate. For Respondent/ State : Shri Lav Sharma, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 30.04.2025 1. The petitioner has filed this petition seeking the following reliefs:- “(i) That, this Hon'ble Court may kindly be pleased to issue writ/writs, order/orders, direction/directions, order SMT NIRMALA RAO -2- dated 01.03.2025 passed by 2nd District Judge, Ambikapur, District Surguja (C.G) in the matter of Smt. Sushma Gupta Vs. Nirapad Rai & Another and the application preferred by plaintiff and defendant no.1 under Order 23 Rule 3 of C.P.C may kindly be allowed in the interest of justice. (ii) That, this Hon'ble Court may kindly be pleased to grant any other relief, which it deems fit and proper.” 2. A suit was filed by the plaintiff/respondent for specific performance of a contract pursuant to the agreement dated 3.7.2021. During the pendency of the suit, the plaintiff and defendant No.1 moved a joint application under Order 23 Rule 3 of CPC to record a compromise. In their application, they stated that the dispute has already been resolved between the parties and the defendant is ready to execute a sale-deed in favour of the plaintiff. Learned trial Court rejected the application moved under Order 23 Rule 3 of CPC. 3. A perusal of the impugned order dated 1.3.2025 would show that the learned trial Court rejected the application without assigning sufficient reasons. It is the dispute between the plaintiff and defendant No.1, and both parties had reached a settlement, therefore the learned trial Court ought to have allowed the application and recorded a compromise decree accordingly. 4. Having considered the facts of the case and the contents of the application moved under Order 23 Rule 3 of CPC, the order 3 passed by the learned trial Court dated 1.3.2025 is hereby set aside. Learned trial Court is directed to pass appropriate orders on the said application by the next date of hearing. 5. Accordingly, the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nimmi