CWJC/23059/2011 of CHANDRA KISHORE MUKHIYA Vs BAHADUR MUKHIYA on 23 December 2011

02. 23.12.2011

Saurabh

IN THE HIGH COURT OF JUDICATURE AT PATNACivil Writ Jurisdiction Case No.23059 of 2011Chandra Kishore Mukhiya Versus Bahadur Mukhiya

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Heard the learned counsel for the petitioner.

The only grievance of the petitioner is that by the impugned order dated 14.11.2011, the compromise application filed by the parties have been declared void ab initio. The learned counsel for the petitioner submitted that he has got no grievance if the suit proceed for decision on merit but the learned Court below should have kept the alleged joint compromise application on record without declaring the same as void ab initio. In view of the nature of grievance raised by the petitioner that part of the order dated 14.11.2011 whereby it has been held as void ab initio is set aside and it is directed that the compromise application be kept on record only and the learned Court below shall proceed according to law.

In view of the nature of order I passed, no notice is required to the respondent. Therefore, notice is not issued to the respondent in admission matter because it will be only an empty formality.

With this observation, this writ application is disposed of. If the cost of the fax is deposited, the order may be communicated to the Court below through fax.

( Mungeshwar Sahoo, J.)