IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Vivek Singh Thakur, J
Jeewan Prakash – Appellant
Versus
Amit Kalia – Respondent
Civil Appeal No. 138 of 2018
| Table of Content |
|---|
| 1. summary of appeal and settlement process. (Para 1 , 2 , 3) |
| 2. details on deed execution and compliance with court directives. (Para 4 , 5) |
| 3. confirmation of compliance and impact on the judicial process. (Para 6 , 7 , 8 , 9) |
| 4. conclusion of the appeal with a ruling. (Para 10) |
Coram The Hon’ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?
For the Appellant : Mr.Ajay Thakur, Advocate, vice Mr.Sunny Modgil, Advocate.
For the Respondent: Mr.Anand Sharma, Senior Advocate, alongwith Mr.Karan Sharma, Advocate.
Vivek Singh Thakur, Judge (Oral)
This appeal has been preferred by appellant against judgment and decree dated 29.3.2019 passed by Additional District Judge (I), Una, in Civil Appeal No. 138 of 2018, titled as Jeewan Parkash Vs. Amit Kalia, whereby judgment and decree dated 28.10.2016 passed by Civil Judge (Senior Division) Court No.1, Amb, District Una, H.P. in Civil Suit No. 131 of
2008, titled as Amit Kalia Vs. Jeewan Parkash, has been affirmed.
1Whether the reporters of the local papers may be allowed to see the Judgment? Yes
2. During pendency of appeal, matter has been amicably settled between the parties and such settlement was incorporated in the order dated 6.5.2025, which reads as under:-
“Mr.Mr.Sunny Modgil, Advocate had joined through Video Conferencing, however because of connectivity issue he could not make submissions clearly. However, now Ms.Ananya Verma, Advocate is present under instructions of Mr.Sunny Modgil, Advocate and submits that appellant/defendant is ready and willing to handover the possession of the suit property to the respondent/plaintiff as well as to execute the conveyance/re-conveyance as directed in the judgment and decree dated 28.10.2016 passed against him by Civil Judge (Senior Division), Court No. 1, Amb in Civil Suit No. 131 of 2008, titled as Amit Kalia Vs. Jeewan Parkash, affirmed by the Additional District Judge vice judgment dated 29.3.2019 in Civil Appeal No. 138 of 2018, titled as Jeewan Parkash Vs. Amit Kalia, on 9th May, 2025 and he shall be present in the Office of Sub Registrar, Bharwain at 10.00 A.M. for execution and registration of appropriate conveyance deed in compliance of judgments and decrees passed by the Courts and shall handover the possession of the suit property on the very same day to the respondent/plaintiff. It has been further submitted on behalf of appellant that immediately after completing the aforesaid part of performance on behalf of appellant, the amount deposited by the respondent be released in favour of the appellant.
Learned counsel for the respondent has submitted that respondent has no objection for releasing the amount deposited in the Registry by the respondent, alongwith up to date interest, in case appellant executes and registers conveyance deed in terms of judgments and decrees passed in present matter.
In view of above submissions, parties are directed to remain present in the office of Sub Registrar, Bharwain/Amb, District Una/concerned Registrar, exercising power with respect to Area to which the case belongs, to initiate execution and exercise of the requisite conveyance deed in compliance of the judgment and to handover and receive the possession of the suit property.
As agreed, matter be listed for reporting compliance and further orders with respect to release of amount in case of compliance on the part of parties on 9th May, 2025, on 27th May, 2025.”
3. On 27.5.2025 matter was adjourned on request made on behalf of parties, which reads as under:-
“As jointly prayed by learned counsel for the parties, matter is adjourned, in terms of order dated 06.05.2025, for consideration on
04.06.2025.”
4. Today Mr.Ajay Thakur, Advocate, appearing under instructions of original counsel Mr.Sunny Modgil, Advocate submits that he has instructions to communicate that appellant Jeewan Prakash has executed Re-conveyance Deed on 27.5.2025, which has been duly notarized. Stamp duty of ₹50/- in this regard has also been paid by app
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