Advocates:
['SANPREET SINGH AJMANI', 'SUDHIR KUMAR', '', 'ANANT KUMAR AGARWAL', 'D S Patni']

IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

ON THE 15^th DAY OF JANUARY, 2021

BEFORE:

HON’BLE SHRI JUSTICE ALOK KUMAR VERMA, J.

Second Appeal No. 68 of 2019

BETWEEN:

1. Majid Ali Khan S/o Sri Mushtaq Hussain Khan

R/o Coronation Hotel, Mallital, District-Nainital.

2. Shariq Ali Khan S/o Sri Majid Khan R/o

Coronation Hotel, Mallital, District-Nainital.

.......Appellants

(By Shri Bhupendra Singh, learned Advocate)

AND :

1. Sri Masroor Ahmed Khan S/o Mushtaq Hussain

Khan R/o 6, New Gopal Sadan, Mallital, District

Nainital.

2. Nagar

Palika

Parishad,

Nainital

through

Executive

Officer,

Nagar

Palika

Parishad,

Nainital.

…....Respondents

(By Mr. Sudhir Kumar, learned counsel for the

respondent no. 1 and Mr. Bhupendra Singh Bisht,

learned Counsel for the respondent no. 2.)

2

The Second Appeal coming on for hearing this

day, Hon’ble Shri Justice Alok Verma delivered the

following Order:

ORDER

The appellant No.1 Majid Ali Khan and

appellant No.2 Shariq Ali Khan are present in the

Court room. Both the appellants are identified by Mr.

Bhupendra Singh, learned counsel for the appellants.

2.

Respondent No.1-Masroor Ahmed khan is

present through video conferencing. He submitted

that he is in Rampur. He is identified by Mr. Sudhir

Kumar, learned counsel.

3.

Both the parties submitted that they have

settled their disputes and therefore, they filed

compromise application with affidavit of appellant

no.1 and respondent no.1.

4.

Heard. Perused and gone through the

record.

5.

The Second Appeal is admitted on the

substantial questions of law as fromulated in the

memo of the appeal.

6.

Both the parties would submit that the

parties are close relatives. The appellant no.1 and the

respondent no.1 are real brothers. The appellant no.2

is the son of the appellant no.1. During the pendency

of this appeal, the parties have reached a settlement.

According to the settlement, the respondent no.1 has

agreed to leave a strip of 6 feet in favour of appellant

3

no.1, which is shown by letters ABHG in read colour

to annexure no.1 and the appellants shall handover

the vacant possession of the remaining portion shown

by letters HCDEFG in blue colour on or before

28.02.2021. The rent of the plot in question upto

31.03.2021 shall be paid by the appellants to the

respondent no.2. The respondent No.1 relinquished

his claim for damages pendente lite and future. In the

event, these conditions are not fulfilled, the entire

decree shall become executable including damages.

7.

The

appellants

and

respondent

no.1

submitted that they settled their disputes with their

free will and without any pressure. They requested to

decide the instant second appeal in the terms of the

settlement.

8.

Mr. Bhupendra Singh Bisht, learned counsel

for

the

respondent

No.2

submitted

that

the

respondent no.2 has no objection on their settlement.

9.

The second appeal is decided on the basis

of the terms of the compromise between the parties.

The Civil Misc. Compromise Application No.16747 of

2021 shall form part of the decree.

(Alok Kumar Verma, J.)

JKJ/Neha