Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:59222 Court No. - 50 Case :- WRIT - B No. - 45412 of 2000 Petitioner :- Abdul Gani And Others Respondent :- D.D.C. And Others Counsel for Petitioner :- V.K. Singh,Manvendra Nath Singh,V.K. Singh Counsel for Respondent :- C.S.C.,Sankatha Rai Hon'ble Chandra Kumar Rai,J. Re: Civil Misc. Delay Condonation / Substitution Application dated 21.4.2025.
1. The aforesaid applications filed today in the Court is taken on record.
2. Office is directed to allot number to the instant applications.
3. Heard learned counsel for the parties.
4. The instant applications have been filed to substitute the legal heir of deceased respondent no.16 along with an application under Section 5 of the Limitation Act.
5. The reason for condonation of delay mentioned in the affidavit is satisfactory. Delay in filing the substitution application is condoned.
6. The proposed heir is represented by Dr. Vinod Kumar Rai, Advocate.
7. Let the word 'deceased' be mentioned against the name of respondent no.16 and the name of his legal heir as mentioned in the prayer clause of the application be substituted as respondent no.16/1 in the array of the parties.
8. The applications are, accordingly, disposed of. Re: Civil Misc.
Application No.15509/2008, dated 15.1.2008.
1. Heard learned counsel for the parties.
2. Earlier Compromise Application No.214389 of 2005 was filed before this Court wherein this Court on 23.3.2006, had passed the following order:-
"Heard learned counsel for the parties. It is submitted by learned counsel for the petitioner that the parties to the writ petition have entered into a compromise and he has filed a compromise application no. 214389 of 2005 for disposing of the writ petition in terms of the compromise. The terms of the compromise has been mentioned in the application. In view of the judgment of this court in the case of Dhaneshwar vs. Deputy Director of Consolidation, Deoria and others, [2003(95) RD 372] and the Division Bench
judgment in the case of Ram Naresh and others vs. Assistant Director of Consolidation, Deoria and others, [2004(96) RD 475] it is provided as follows: i) the parties may file a fresh compromise in terms of the compromise filed before this court, before the Deputy Director of Consolidation, Ghaziabad within a period of six weeks from today; ii) the Deputy Director of Consolidation is directed to entertain the compromise if the same is filed along with a certified copy of this order; iii) upon filing of the compromise as directed aforesaid, the Deputy Director of Consolidation shall take appropriate steps for verifying the same in accordance with law preferably within a period of three months from the date of receipt of compromise; iv) after verification of the compromise, the Deputy Director of Consolidation will pass a formal order in writing that the compromise has been verified and the parties have agreed to settle their dispute in terms of the compromise; v) after the order is passed by the Deputy Director of Consolidation it shall be open for either of the parties to move an application in this writ petition along with a certified copy of the order passed by the Deputy Director of Consolidation for passing formal order by the court disposing of the writ petition. List the writ petition after six months."
3. In pursuance of the order of this Court dated 23.3.2006, parties to the writ petition have appeared before respondent no.1/Deputy Director of Consolidation, Ghaziabad and have filed compromise application along with terms of compromise. On 27.11.2007, the compromise application dated 13.3.2007 filed by the parties was verified by the respondent no.1. The order dated 27.11.2007 runs as under:-
“27-11-07 पतत्रावलली पपेश हहई पक्षकत्रार उपससस्थित आयपे पक्षक्षों कपे ववदत्रान अधधिवकत्रा कको ससुनत्रा
गयत्रा पक्षक्षों कपे मध्य समझझौतत्रा हको गयत्रा हहै समझझौतत्रा पत पक्षक्षों दत्रारत्रा वदिनत्रानांक 13- 3-07 कको दित्राधखिल वकयत्रा गयत्रा हहै जको ववदत्रान अधधिवकत्रा दत्रारत्रा प्रमत्रावणित वकयत्रा गयत्रा हहै पसुननः वदिनत्रानांक 20-11-07 कको समझझौतत्रा वदिनत्रानांक 13-3-07 ककी पसुवष कर प्रत्रास्थिरनत्रा ककी गयली वक समझझौतपे कको दिसदिलीक कर वदियत्रा जत्रावपे पक्षकत्रार प्रसतसुत समझझौतपे सपे सहमत हहै। अतनः पक्षक्षों दत्रारत्रा प्रसतसुत समझझौतत्रा वदिनत्रानांक 13-3-07 ककी पसुवष कर समझझौतत्रा तसदिलीक वकयत्रा जत्रातत्रा हहै। डली०डली०सली० गत्रा०बत्रादि।"
4. Considering the order dated 27.11.2007, passed by respondent no.1, verifying the terms of compromise entered into between the parties on 13.3.2007, the instant petition is
disposed of in terms of compromise dated 13.3.2007. The terms of compromise dated 13.3.2007 which is annexed along with the instant application as well as the order dated 27.11.2007, passed by respondent no.1/Deputy Director of Consolidation, Ghaziabad shall form part of this order.
5. The application stands disposed of.
Order on Writ Petition The writ petition is disposed of in terms of compromise dated
13.3.2007. The terms of compromise dated 13.3.2007 as verified by the Deputy Director of Consolidation, Ghaziabad vide order dated 27.11.2007 shall form part of this Court.
Order Date :- 21.4.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad