[2025:RJ-JP:27441] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Application No. 106/2025 IN S.B. Civil First Appeal No.506/2009 Dharmendra Yadav Son Of Shri Balveer Singh, Resident Of Village Vazirabada, Tehsil And District Guargaon (Haryana). ----Applicant/Defendant-Petitioner Versus 1. Budh Ram Son Of Shri Maman, Resident Of Tapukada, Tehsil Tizara, District Alwar. 2. Mst. Dhupa Widow Of Shri Chandra, Resident Of Village Dhiriavas, Tehsil Tizara, District Alwar. 3. Ilias Son Of Shri Chandra, Resident Of Village Dhiriavas, Tehsil Tizara, District Alwar. 4. Usman Son Of Shri Chandra, Resident Of Village Dhiriavas, Tehsil Tizara, District Alwar. 5. Sharifan Daughter Of Shri Chandra, Resident Of Village Dhiriavas, Tehsil Tizara, District Alwar. ----Non-applicants-Respondents For Petitioner(s) : Mr. R.K. Mathur, Senior Advocate with Mr. Ayush Gupta, Advocate For Respondent(s) : Mr. Jai Raj Tantia, Advocate HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 23/07/2025 : Instant miscellaneous application under Section 151 of the Code of Civil Procedure, 1908 has been preferred on behalf of appellant seeking modification of the order dt.11.02.2016 passed by Co-ordinate Bench of this Court in S.B. Civil First Appeal No.566/2009. Learned counsel appearing for the appellant contends that due to the passing of the aforesaid order stating that the “appeal is dismissed”, the purpose of the compromise has not been fulfilled. Paragraph 7 of the compromise-deed clearly stipulates that both the [2025:RJ-JP:27441] (2 of 2) [CMAP-106/2025] parties mutually agreed that the appeal ought to be allowed & decided. This implies that had the appeal been accepted in the light of compromise, the impugned judgment & decree dt.03.09.2009 would have been set aside thereby effectuating the terms of the compromise arrived at between the parties. Heard learned counsel appearing for the parties. Perused the impugned order, the compromise-deed dt.27.01.2016 as well as the material made available on record. After going through the contents of aforesaid application looking to the facts & circumstances of case & considering the submissions made at bar, the application is allowed. Operative part of the order dt. 11.02.2016 stands modified as under:- “The appeal is accepted in view of the compromise dt.27.01.2016. The impugned judgment & decree dt. 03.08.2009 is set aside. The decree be drawn up accordingly. The terms of the compromise shall be treated as an integral part of the decree. This order shall also form part of the order dt.11.02.2016.” Pending application, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J. ASHOK