Settlement through mediation is binding, and compliance with the Local Commissioner's report is mandated by the court.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No.172 of 2025 th Decided on 19 September, 2025 Kamal Dev …Petitioner Versus Smt. Savitri Devi and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge

1 Whether approved for reporting?

For the petitioner : Mr. Sanjay Bhardwaj, Advocate.

For the respondents : Mr. Het Ram, Advocate.

Ajay Mohan Goel, Judge (Oral By way of this petition filed under Article 227 of the Constitution of India , the petitioner approached this Court praying for the following relief:-

“It is, therefore, most respectfully prayed that this petition may kindly be allowed throughout with cost and the impugned order dated 02.12.2024 passed by the learned Civil Judge, Court No.1, District Hamirpur, H.P. in CMA No.400/2024, in case, i titled, quashed and set aside and the application filed H by the petitioner/plaintiff to provide police assistance to implement the judgment and decree dated 15.10.2013 passed by the learned Civil Judge (Senior Division), Court No.1, Hamirpur, H.P., in Civil Suit No. 09/2010, titled, Kamal Dev versus Ishwar Dass may kindly be allowed as prayed for and justice be done.”

2. When the matter was listed in the Court on 03.06.205, the matter was referred to the mediation of Sh. G.D.

Verma, learned Senior Counsel.

3. Today, the matter has been listed in production list.

The Court stands informed that the matter has been .amicably settled between the parties before learned Mediator. Accordingly, a prayer has been made that the petition Hbe disposed of in terms of the said settlement.

4. The report of the learned Mediator is taken on record. A perusal thereof demonstrates that it has been agreed between the parties before the learned Mediator that they have obtained a report of Local uCommissioner dated 04.09.2025, in terms whereof, theo land in question has been partitioned. The parties have aCgreed and undertaken to remain bound by the report of the Tehsildar-cum-Local Commissioner dated 04.09.2025. The parties have stated that subject matter of the dispute may be decided in view of the report of the Tehsildar-cum-Local H Commissioner. The statement of Sh. Kamal Dev, who is present in the Court in person has been separately recorded by the Court. Similarly, the statement of Sh. Anil Kumar, who has submitted that he has been authorized to make statement and compromise the matter on behalf of all the respondents has also been recorded separately. Both Sh. Kamal Dev and Sh. Anil Kumar on his behalf as well as on behalf of the defendants has stated that as the matter has been amicably settled bet.ween the parties in terms of the order passed by the learned Mediator, the matter be disposed of in terms of the said Hreport.

5. In the light of the above, these proceedings are disposed of by modifying the order under challenge and by ordering that the learned Court below shall proceed with the matter in accordance with the report of the Local Commissioner- cum-Teshildar, Duistrict Hamirpur, H.P., which shall be binding upon the poarties. Learned Court below shall ensure that necessCary order in terms of the compromise entered into between the parties and the report of the Local Commissioner is passed as expeditiously as possible. Parties through counsel are directed to appear before the learned Court on 09.10.2025 and H learned Trial Court to pass appropriate order thereupon before