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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA ON THE 4th DAY OF JANUARY, 2022 BEFORE HON’BLE MR. JUSTICE SANDEEP SHARMA REGULAR SECOND APPEAL NO. 242 of 2019 Between:
SMT. SANJOGITA DEVI, WIDOW OF LATE SHRI SURINDER SINGH, RESIDENT OF VILLAGE (MEHATPUR BAZAR), TEHSIL AND DISTRICT UNA, H.P.
….APPELLANT (BY MR. AJAY SHARMA SENIOR ADVOCATE WITH MR. ATHARV SHARMA, ADVOCATE)
AND KEWAL KRISHAN, S/O SHRI BRIJ NATH, S/O DEHRU RAM, RESIDENT OF MEHATPUR, MAIN BAZAR, TEHSIL AND DISTRICT UNA, H.P.
….RESPONDENT (BY MR. J.L. BHARDWAJ, ADVOCATE)
Whether approved for reporting?.
This appeal coming on for orders this day, the Court passed the following:
['Jagan Nath', '', 'Aanandita Sharma', 'J L Bhardwaj', '', 'Sanjay Bhardwaj', 'Mahesh Sharma']
JUDGMENT
By way of instant regular second appeal filed under Section
100 of CPC, challenge has been laid to judgment and decree dated 28.1.2019, passed by the learned Additional District Judge-I, Una, District Una, HP. in Civil Appeal No. 90 of 2018, affirming judgment and decree dated 21.5.2018, passed by the learned Senior Sub Judge, Court No.1, Una, Himachal Pradesh, in Civil Suit No. 73/2009, whereby the suit for permanent injunction having been filed by the appellant-plaintiff (herein
2. Before case at hand could be heard and decided on its own merits, learned counsel for the parties on the instructions of their respective clients, who are present in the Court, state that parties have resolved to settle their dispute amicably inter-se them and as such, nothing remains to be adjudicated in the present appeal. They state that parties to the lis have already entered into compromise qua the suit land before lokadalat as is evident from order dated 11.9.2021, passed by the learned Civil Judge Court No.2 Una, District Una, HP and as such, parties shall have no objection in case appeal at hand is also ordered to be disposed of in terms of terms and conditions contained in compromise arrived inter-se parties before the lok adalat. Aforesaid order dated 11.9.2021 is taken on record and exhibited as Ext.C-1, perusal, whereof reveals that after filing of the appeal at hand, plaintiff filed suit bearing CS No. 175 of 2018 for separate possession through partition of the residential house situate on the suit land, but same was compromised inter-se parties before the lokadalat as is evident from the order dated 11.9.2021 (Ext.C-1).
3. Plaintiff Ms. Sanjogita Devi and defendant Kewal Krishan state on oath before this Court that they of their own volition and without there being external pressure have entered into compromise qua the dispute as recorded in order dated 11.9.2021, passed by the lok-adalat and as such, shall have no objection in case present proceedings are disposed of in terms of compromise arrived inter-se parties before the lokadalat on 11.9.2021. They undertake to abide by the terms and conditions of the compromise, failing which, they would render themselves liable for penal consequence as well as contempt of court. Their statements are taken on record.
4. Consequently, in view of the above, present appeal is disposed of as compromised in terms of terms and conditions contained in order dated 11.9.2021, passed by the lok-adalat (Ext.C-1), as a consequence of which, judgments and decrees dated 21.5.2018 and 28.1.2019, passed by the courts below are modified to that extant only. Needless to say, revenue authorities would carry out necessary correction in the revenue record on the basis of compromise arrived inter-se parties. All pending applications also stand disposed of.
4th January, 2022 (Sandeep Sharma),
