Facts
The present second appeal challenged the judgment and decree dated 28.02.2017, issued by the Second Additional District Judge, Bilaspur, District Bilaspur (C.G.) in Civil Appeal No. 24-A/2016.
Source reference: p.4, para. 1This civil appeal had arisen from the judgment and decree dated 14.03.2016, passed by the 10th Civil Judge Class-II, Bilaspur, District Bilaspur (C.G.) in Civil Suit No. 283-A/2015.
Source reference: p.4, para. 1The parties involved in the appeal are close family members.
Source reference: p.5, para. 2An application under Order 23 Rule 3 of the CPC, along with a compromise deed dated 11.09.2025, was filed before the High Court, indicating that the dispute had been amicably settled through a family settlement.
Source reference: p.5, para. 2Issues
1. Whether the family settlement reached between the parties amicably resolves the dispute in the present second appeal?
Source reference: p.5, para. 3Law Applied
The court applied the principles of amicable settlement and mutual compromise, as evidenced by the application filed under Order 23 Rule 3 of the Civil Procedure Code, 1908, along with a compromise deed dated 11.09.2025.
Source reference: p.5, para. 2This rule allows for the recording of a lawful agreement or compromise between parties to a suit.
Source reference: no citationReasoning
The court noted that the parties, being close family members, had amicably settled their dispute through a family settlement.
Source reference: p.5, para. 2Specifically, Respondent No. 1, Duwasiya Bai, agreed to declare the questioned property in favor of the appellants and in return, agreed to receive other property from the appellants as her equal share.
Source reference: p.5, para. 2The parties confirmed that the settlement was voluntary and based on free consent, aiming to end the long-standing litigation and maintain family peace.
Source reference: p.5, para. 3Consequently, since the parties were fully satisfied with the resolution, no further dispute remained concerning the subject matter of the appeal.
Source reference: p.5, para. 3Holding
The court concluded that the dispute involved in the present appeal stood amicably resolved to the full satisfaction of the parties due to the voluntary and mutually agreed-upon settlement.
Accordingly, the appeal was disposed of in terms of the compromise reached between the parties.
Source reference: p.5, para. 4Original Court PDF
Bisahu RamvsDuwasiya Bai
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