C.M. No.1-C of 2004 Notice to the appellant. The learned counsel for the appellants is present and accepts the notice on behalf of the appellants.
2. This is a joint application on behalf of the appellant and the respondent-decree-holder under Orders XXIII, rule 3, Order XLI, rule 33 and section 107 read with section 151, C.P.C. for passing of an amended decree on the basis of compromise.
The parties have reached to a compromise oh the basis of agreement dated 20-12-2003, which has been placed on the record as Mark/1. Both the parties agree that the appeal be decided in terms of the compromise/agreement Mark-1. Consequently, this application is accepted. The judgment and decree dated 17-11-1999 passed by the learned Single Judge in C.O.S. No.146 of 1998 is modified and the suit of the respondent-plaintiff is decreed in accordance with the terms of compromise/agreement Mark-1, which shall be made a part of the decree.'
This appeal is disposed of in the above terms.