I have heard learned counsel for

I have heard learned counsel for the parties considered their submissions and have carefully examined the materials as placed on record as well as the impugned judgment. A perusal of the same, reflects that the Learned Trial Court rejected the application of Section 80 (2) by holding as follows: Having heard the learned counsels for the petitioner this Court is of the opinion that compliance of the mandate of Section 80 of the Code of Civil Procedure 1908 at this stage would facilitate settlement of the claim of the petitioner/plaintiff/2nd party to the agreement at the earliest without resorting to unnecessary litigation and undue delay which would have arisen by recourse to litigation without compliance to the mandatory provision of law could be avoided. Sufficient time is available to the petitioner/plaintiff/2nd party to the agreement as of today to take necessary steps accordingly as contemplated under Section 80 of the Code of Civil Procedure, 1908.