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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA th ON THE 10 DAY OF MARCH, 2022 BEFORE HON’BLE MR. JUSTICE AJAY MOHAN GOEL CIVIL REVISION No. 76 OF 2020 Between:-
1. MESSERS WARDHAN CORPORATION THROUGH ITS PARTNERS SHRI SANJAY LAUL AND SMT. GEETA LAUL, NO. 7, THE MALL, SHIMLA, HP.
2. SHRI SANJAY LAUL, S/O SHRI SUDESH LAUL
3. SMT. GEETA LAUL WIFE OF SHRI SUDESH LAUL, NO. 7, THE MALL, SHIMLA.
……….PETITIONERS (BY MR. NEERAJ GUPTA, SENIOR ADVOCATE WITH M/S ANUJ GUPTA AND PRANJAL MUNJAL, ADVOCATEs)
AND
1. M/S BHANU MAL AND SONS (HUF) THROUGH ITS KARTA SHRI JAGMOHAN KHANNA S/O SHRI INDER NARAIN KHANNA R/O WYNASTY, LOWER LAKKAR BAZAAR, SHIMLA.
2. SHRI JAGMOHAN KHANNA S/O SHRI INDER NARAIN KHANNA
3. SHRI LALIT KHANNA S/O MOTI LAL KHANNA (DECEASED)
THROUGH HIS LRS A) SMT. AASHA KHANNA W/O SHRI (B) SMT. RITU MALHOTRA D/O SHRI LALIT KHANNA, LALIT KHANNA ALL R/O WYNASTY, LOWER LAKKAR BAZAAR, SHIMLA
4. SHRI ASHOK KHANNA, S/O MOTI LAL R/O WYNASTY, LOWER LAKKAR BAZAAR, SHIMLA.
.…….RESPONDENTS (MR. AJAY KUMAR, SENIOR ADVOCATE WITH MR. SUMIT SOOD, ADVOCATE )
___________________________________________________________
Whether approved for reporting: No This petition coming on for orders this day, the Court passed the following:-
J U D G E M E N T
CMP No.2159 of 2022&Civil Revison No.76 of 2020 By way of this application filed under Order 23, Rule 3 of the Code of Civil Procedure read with Section 151 thereof, the following prayer has been made :-
“It is therefore, prayed that the Civil Revision petition may very kindly be disposed of in terms of the above compromise and the undertaking given by the petitioners be accepted by the Hon’ble Court by allowing them to vacate the premises by 30th September, 2022 on the terms and conditions mentioned above or such other order as this Hon’ble Court deems fit and proper be also passed on this application in the ends of law and justice.”
2. Statements of petitioner No. 2 and respondent No. 4 in terms of contents of this application have been separately recorded in the Court today. In this view of the matter, these proceedings are ordered to be closed by taking on record the factum of the matter having been amicably settled between the parties in terms as stand spelled out in paras 2 to 4 of the application, which averments shall be construed to be part of this order. It is further observed that the undertaking, which has been given by the petitioners by way of this application as also by way of statement so made by petitioner No. 2 in the Court is accepted by the Court.
3. The order of eviction passed by learned Rent Controller as upheld by learned Appellate Court is affirmed, however, time is given to the petitioner to vacate the demised premises up to 30th September, 2022, on the terms and conditions as stand spelt out in paras 2 to 4 of the application.
The application as well as revision petition stand disposed of in above terms, so also pending miscellaneous application(s), if any.
(Ajay Mohan Goel)
Judge March 10, 2022 (narender)
