IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA R.S.A. No. 443/2017 along with C.R. No. 19/2019 Decided on 6.12.2024 R.S.A. No. 443/2017 Joginder Singh Chauhan …..Appellant Versus Anil Kumar & anr. ….Respondents C.R. No. 19/2019 Joginder Singh Chauhan …..Appellant Versus Anil Kumar & anr. ….Respondents Coram:

The Hon’ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice.

Whether approved for reporting?1No For the appellant/Petitioner: Mr. Rajnish K. Lal, Advocate, For the Respondents: Mr. Kunal Thakur, Advocate, for respondent No.1.

Mr. M.S. Kapoor, Advocate, for respondent No.2.

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Justice Tarlok Singh Chauhan, Acting Chief Justice (oral) The appellant/petitioner and respondent No.1 have jointly filed CMP No. 22353/2024 under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure with a prayer that RSA No. 443/2017 and C.R. No.

1 Whether reporters of the local papers may be allowed to see the judgment? Yes.

19/2019 pending before this Court may be disposed of/decreed on the basis of the compromise effected between the parties.

2 It is averred in the aforesaid application that the appellant/petitioner is owner in possession of land comprised in Khata/Khatauni No. 858/1208, Khasra No. 2272/865, land measuring 00- 01-19 hectares and 2277/992 (00-01-89 hectares) Kita-2, total land measuring 00-03-08 hectares, situated at Mauza Thodo, Tehsil and District Solan, H.P. as per jamabandi for the year 2010-2011 whereas the respondent No.1 is owner in possession of land comprised in Khata Khatauni No. 511/771, Khasra No. 9223/859, land measuring 00-00-74 hectares, 9225/860 (land measuring 00-00-69 hectares) and 9228/2223/862 (land measuring 00-00-12 hectares) kita-3, total land measuring 00-01-55 hectare) situated at Mauza Thodo, Tehsil and District Solan, H.P.

3 It is further averred that the land comprised in Khasra No. 2272/865 is owned by the appellant/petitioner, which abuts the road and respondent No.1 is owner in possession of land comprised in Khasra No. 9225/860, which has common boundary with the land of the appellant/petitioner. Respondent No.1 constructed his house on the land comprised in Khasra No. 9223/859 and 9225/860 and the part of the construction was raised on the land owned and possessed by the appellant/petitioner, which led to the litigation between the parties.

4 Since the dispute has eventually reached this Court, the parties thought it appropriate to settle the matter and have arrived at a compromise, terms and conditions thereof have been annexed with the application as Annexure A-1.

5 Accordingly, CMP No. 22353/2024 is allowed. Consequently, the regular second appeal and the civil revision petition are disposed of and decreed on the basis of the compromise effected between the parties. The compromise deed, Annexure A-1 shall form part of the decree. The judgments and decrees passed by the learned courts below stand set aside, varied and modified to the aforesaid extent. Pending application(s), if any, also stands disposed of.

(Tarlok Singh Chauhan)

Acting Chief Justice

6.12.2024 (pankaj)