1 2025:CGHC:50905 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 774 of 2022 1 - Suresh Yadu S/o Late Latel Yadu Aged About 61 Years R/o Village Nakta, Post Mandir- Hasod, Tahsil Aarang, Distt.-Raipur (C.G.) ... Petitioner(s) versus 1 - Santosh Yadu S/o Shri Suresh Yadu Aged About 40 Years R/o Village Nakta, Post Mandir-Hasod, Tahsil Aarang, Distt.-Raipur (C.G.) 2 - State Of Chhattisgarh Through Collector Raipur, Distt.-Raipur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. A. D. Kuldeep, Advocate For Respondent No.1 : Mr. Sushil Dubey, Advocate For Respondent No.2 Mr. Shubham Bajpai, P. L. (Hon’ble Shri Justice Sachin Singh Rajput) Order on Board 13/10/2025 1. The petitioner has filed this petition seeking following relief:- 10.1 That, the Hon'ble Court may kindly be pleased to call the entire records of case pertaining to the petitioner's case from the trial court. 10.2 That, the Hon'ble Court may kindly be pleased to set-aside the impugned order dated 10.08.2022 passed by the learned appellate Court and allowed the application U/o 23 rule 3 of CPC filed by the petitioner before the trial court and dismissed the suit as compromise. 2 10.3 Any other relief, which may be deemed fit and proper in the facts and circumstances of the case, may also be allowed. An affidavit is filed herewith. 2. Learned counsel for the petitioner submits that the petitioner/plaintiff has filed a suit for declaration of title, permanent injunction and delivery of the vacant possession before the learned 9th Civil Judge, Class- 2 Raipur (CG) in respect of suit properties comprised in piece of Khasra No.897, Area 2.00 Acre Abadi land situated in Patwari Halka No.74 Village Nakta, Tahsil Arang, Uptahsil Mandir Hasaud District Raipur (CG). During the pendency of civil suit, an application under Order 23 Rule 3 of CPC was filed by the petitioner/plaintiff and respondent No. 1/defendant No.1 for entering into a compromise. The learned Civil Judge, vide its order dated 16.09.2021 rejected the said application, against which a miscellaneous appeal was preferred before 3rd Additional District Judge, Raipur District Raipur (CG) and the said appeal was also dismissed by the learned ADJ vide its order dated 10.08.2022 which is under challenge before this Court. He further submits that the dispute is between the petitioner’s father and defendant No.1 and they have amicably settled their dispute, therefore, both the Court below have committed an error of law in rejecting the application for compromise under Order 23 Rule 3 of the CPC, therefore, the impugned order may be set aside. 3. Mr. Dubey supports the submissions made by learned counsel for the petitioner. 4. Learned counsel for the State submits that the Civil Judge as well as the ADJ has categorically found that the settlement/ compromise cannot be allowed in light of prevailing facts and circumstances of the case. Therefore, since there are two concurrent categorical findings by the two Court below against the petitioner/ plaintiff, this Court may not interfere with the findings so recorded in its jurisdiction under Article 227 of Constitution of India. 5. Heard learned counsel for the parties and perused the record. 6. The suit was filed for declaration of title, permanent injunction and delivery of the vacant possession of suit land, which is described in preceding paragraph. The learned civil Judge, on the application filed by petitioner/ plaintiff and respondent 3 No.1/ defendant No.1 gave a categorical finding that it is a matter of evidence that the land upon which the petitioner/plaintiff is claiming the declaration of title and possession was received by him on patta or is Government land and ultimately found that the application for compromise cannot be allowed. This finding of fact has been affirmed by learned Appellate Court by the impugned order. Therefore, as there are two concurrent findings of fact with regard to the rejection of the application for compromise, the finding appears to be just and proper and does not require interference by this Court. 7. The writ petition fails and is accordingly dismissed. Looking to the long pendency of civil suit, it is expected that learned Civil Judge shall expedite the trial. Sd/- (Sachin Singh Rajput) JUDGE Parul PARUL MITTAL Digitally signed by PARUL MITTAL Date: 2025.10.15 11:02:28 +0530