2. The petitioners have agreed between themselves to have the suit settled on terms mutually agreed upon as set out in the terms of agreement.
3. There is no necessity of the case being tried. In the circumstances the petitioners pray that the suit be decreed in terms of the compromise of the present petition which may form a part of the decree.
Terms of Comprise:
(A) The plaintiff will get possession of half of the suit land measuring 10,000 square yards and bounded on the North…………………………………….. South….East.. West…..
(B) The defendant will be tenant under the plaintiff and pay the plaintiff an amount of Rs. 10,000/- per month as rent.
(C) The defendant will further pay the plaintiff Rs. 10,000/- towards the cost of the suit.
Order 21 Rule 58 Claim Petition
(i) AB…. Plaintiff/ Decree holder.
(ii) CD…Defendant/ Judgment Debtor.
Description of the petitioner, plaintiff and the defendant.
(a) The petitioner is the brother of CD and is coparcener of Hindu undivided family. He has 1/2 share in the estate left by the father of the petitioner and CD.
(b) AB, the first respondent who is the Decree holder attached the entire schedule property whereas the petitioner has half undivided share iryftie same. The share of the petitioner cannot be attached by the Decree holder. The Decree holders claim for attachment of the schedule property therefore is illegal.
(c) The petitioner therefore prays that the attachment of the schedule properties may be vacate.