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2025 Supreme(Online)(HP) 4989

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Bipin Chander Negi, J
Arun Duggal – Appellant
Versus
Ajay Partap Singh and others – Respondent
Civil Suit No.40 of 2006 | Civil Suit No.66 of 2014



Advocates:
For the Appellants/Petitioners: Mr. Neeraj Gupta, Mr. Ajeet Pal Singh Jaswal, Mr. Ajay Kumar Sood, Mr. Rohit
For the Respondents: Mr. K.D. Sood, Mr. Het Ram Thakur, Mr. Sanjeev Kumar, Mr. Hakam Bhardwaj

The court recognizes and enforces lawful compromises between parties, allowing for suits to be decreed based on agreed terms.

Headnote:(A) Civil Procedure Code, Order 23 Rule 1 - Compromise - The parties to both Civil Suits No. 40 of 2006 and 66 of 2014 entered into lawful compromises, recorded and duly signed - The suits are decreed in terms of the compromise applications allowing refund of court fees and dismissing claims withdrawn. (Paras 2-9)

(B) Dismissal of Suit - When no objection is raised by the defendants regarding the compromise, the application seeking dismissal is allowed, and the suit is dismissed as withdrawn. (Paras 6-9)

Table of Content
1. lawful compromise recorded in writing, binding parties to terms. (Para 2 , 3 , 4)
2. dismissal of suit based on compromise agreement. (Para 6 , 8)

The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether aph proved for reporting?1 Civil Suit No.40 of 2006 For the plaintiff : Mr. Neeraj Gupta, Senior Advocate with Mr. Ajeet Pal Singh Jaswal, Advocate.

For the defendants : Mr. K.D. Sood, Senior Advocate with Mr. Het Ram Thakur, Advocate, for defendant No.1.

Defendant No.2 ex-parte.

Mr. Ajay Kumar Sood, Senior Advocate with Mr. Rohit, Advocate, for defendant No.3.

Mr. Hakam Bhardwaj, Advocate, vice Mr. Anuj Nag, Advocate, for defendant No.4.

Civil Suit No.66 of 2014 For the plaintiffs : Mr. Ajay Kumar Sood, Senior Advocate with Mr. Rohit, Advocate, for plaintiff No.1.

Whether reporters of Local Papers may be allowed to see the judgment? Yes

Name of plaintiff No.2 is ordered to be deleted vide order dated 31.03.2021.

For the defendants : Mr. Neeraj Gupta, Senior Advocate with Mr. Ajeet Pal Singh Jaswal, Advocate, for defe.ndant No.1.

Mr. Sanjeev Kumar, Advocate, for defendant No.2.

Bipin Chander Negi, Judge (oral )

OMP No.924 of 2025 in Civil Suit No.40 of 2006 The contents of the present app lication and OMP No.470 of 2020 have been perused. r

2. By virtue of the present application and application OMP No.479 of 2020 which was disposeod of vide order dated 21.10.2024, parties to the suit have entered Cinto a lawful compromise which has been recorded in writing and has been signed by the parties concerned. The present application (OMP No.924 of 2025) records a lawful compromise written andg signed by both the parties, i.e. plaintiffs and defendants No.1 and 3, whereas application OMP No.479 of 2020 records a lawful compromise written and signed by both the parties, i.e. plaintiffs and defendants No.2 and 4.

3. For the reasons stated in the application, the same is allowed and disposed of accordingly. Civil Suit No.40 of 2006

4. The suit, in the case at hand is decreed in terms of lawful compromise recorded in OMP No.924 of 2025 and OMP No.479 of 2020 entered into inter se parties and duly signed by all concerned. The parties shall be bound by the contents of these applications and shall abide by the terms contained therein. Decree Sheet be prepared accordingly. Refund of Court fee be made payable to the plaintiffs in accordance with the rules since the matter has been compromised prior to recording of evidence in the case at hand.

OMP No.925 of 2025 in Civil Suit No.40 of 2006

5. In view of the orders passed in the Civil Suit and in OMP No.924 of 2025, present application has become infructuous and disposed of accordingly. t OMP No.923 of 2025 in Civil Suit No.66 of 2014

6. The present application has been filed under Order 23 Rule 1 read with Section 151 of the Civil Procedure Code with a prayer for acceptance of the present application on account of a compromise having been entered int o between plaintiff No.1 and the defendants and for consequential dismissal of the suit as withdrawn on account of abandonment of claim qua the suit property by the present plaintiff No.1/applicant.

7. No objection has been communicated on behalf of the defendants as well as the co-plaintiff.

8. Considering the averments made in the application, no objection communicated by the other parties and provisions of Order 23 of the Civil Procedure Code , the present application is allowed and in terms of the prayer made therein, the suit on behalf of plaintiff No.1 qua his claim in the suit property against the defendants is dismissed. The application stands disposed of.

Civil Suit No.66 of 2014

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