Ms. B. Das, learned counsel, for the complainant along with Smt. Lily Das, constituted attorney of the complainant Sri Arindam Kishore Das are present. On the other hand, Mr. K. K. Dey, learned counsel, for the opposite party Nos. 2 is also present along with Sri Ranjan Borkakoti, opposite party No. 2 in person. Also present Ms. P. Barman, learned counsel, appearing for the opposite party No. 2.

          This matter proceeded ex-parte against the opposite party No. 1 Sri Nilotpaul Choudhury vide order dated 28-7-2014 but though as per record it is seen that one Mr. T. Borkotoky entered appearance on behalf of said opposite party No. 1, Nilotpaul Choudhury, however, the order dated 28-7-2023 was not vacated and as such, the matter proceeded ex-parte on the basis of the said order dated 28-7-2014.

          Today a joint application is filed under Order XXIII Rule 3 of CPC supported by an affidavit of the constituted attorney Smt. Lily Das on behalf of the complainant Sri Arindam Kishore Das and another one by Sri Ranjan Borkakoti, opposite party No. 2, thereby, supporting the fact that the agreement for settlement of the disputes raised in this complaint petition was entered between the complainant through his authorized attorney Smt. Lily Das and the opposite party No. 2 was executed on 22-05-2023 and as per the terms and condition of the said deed this application under order XXIII Rule 3 is filed with a prayer to form the agreement of settlement dated 22-05-2023 as part of decree drawn on the basis of the compromise reached between the said parties. In addition to the contents made in the affidavit of Smt. Lily Das and Mr. Ranjan Borkakoti, both the said deponents supported orally the facts stated in the said application and further admitted the fact of execution of the agreement of settlement and admitted receipt of consideration by the complainant vide cheque No. 087024 dated 22-05-2023 drawn on SBI, Sonari Branch. As there is no dispute in respect of the terms and condition reciprocal performances by both the signatories dated 22-5-2023, we accordingly dispose of this complaint petition today on the basis of compromise, thereby entitling the opposite party No. 2 to get the transfer deed in respect of the flat described in the schedule of the agreement of settlement dated 22-05-2023 from the opposite party No. 1 Sri Nilotpaul Choudhury at the earliest.

          The  joint application under Order XXIII Rule 3 of CPC along with enclosure shall form part of this order passed today. On the basis of the compromise this complaint petition is disposed of.