Gurdial Devi vs Desh Raj & Others
2021 Latest Caselaw 3688 HP

                                                                             .
        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA





                                        RSA No. 65 of 2009
                                        Date of Decision 6th August, 2021





    ________________________________________________________

    Gurdial Devi                                                         ...Appellant
                                                   Versus





    Desh Raj & others                                                 ....Respondents

    Coram                 r
    The Hon'ble Mr. Justice Vivek Singh Thakur, J.

Whether approved for reporting?1 ______________________________________________________________ For the Appellant: Mr. Sanjeev Kuthiala, Sr. Advocate with Ms.Anaida Kuthiala and

Ms.Garima Kuthiala, Advocates, through Video Conferencing.

For the Respondents: Mr. Ajay Sharma, Sr. Advocate with

Mr.Rakesh Chaudhary, Advocate through Video Conferencing.

__________________________________________________________________ Vivek Singh Thakur, J.

Present appeal has been filed against judgment and

decree dated 27.10.2008 passed by learned Additional District

Judge, Una in Civil Appeal No. 93 of 2005, titled Gurdial Devi vs.

Des Raj, whereby judgment and decree dated 30.09.2005 passed

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

by learned Civil Judge (Junior Division), Court No. II, Amb, District

Una has been affirmed.

.

During pendency of appeal, parties have settled the

dispute amicably and compromise has been entered between

them which has been reduced into writing and copy thereof has

been placed on record along with CMP No. 8677 of 2021 filed

under Order 23 Rule 3 CPC for passing a decree in terms of

compromise arrived at between the parties. The application has

been duly signed by Vishal son of appellant Gurdial Devi who is

also her General Power of Attorney. The application has also been

signed by Mr.Subhash Chand, respondent No.2 on his behalf and

also being General Power of Attorney of respondents No. 1 and 3.

Application is duly supported by affidavits of Vishal and Subhash

Chand. The application has also been signed by learned counsel

representing the parties . Copy of compromise has been attested

to be verified as true by Vishal and Subhash Chand. True and

attested photocopies of General Power of Attorneys have also

been filed with application, original whereof were seen by

concerned dealing hand in the Registry at the time of accepting

the filing of these photocopies and were returned to learned

counsel for parties. Vishal and Subhash Chand have also put

their original signatures on photocopies for attesting these

copies to be true copies.

.

The terms of compromise arrived at between the

parties are as under:-

"1. That Sh.Des Raj etc.(hereinafter called second party)are agreed to give the land measuring 00-57-60 hects. to the first party Smt. Gurdial Devi out of total suit land in the

following manner:-

(a) That as per compromise the first party will be sold owner in possession of the land

measuring 00-36-04 hects. in shape of Khasra

Nos. 609, 610 and 611 out of the suit land, the second party will have no right, title and interest in the above Khasra Nos. after

withdrawal of the regular second appeal, the

and the second party undertake not to interfere in the said abadie in any manner.

Remeasuring land of Khasra No. 612 except covered under abadi will remain with second

party.

(b) That second party is also agreed to give the land measuring 00-21-56 hects. out of Khasra No. 415 with 40 meters (Forty meters) front towards northern side adjoining to the land of Sh. Nishan Singh by way of tatima to the first party and the first party will be owner

in possession of land measuring 00-21-56 hects. as stated above.

(c) That rest of the suit land will remain owned

.

and possessed by second party Sh.Des Raj etc.

2. That both the parties as well as their successor-in-interest will remain bound by the

terms and conditions of this compromise and no one will refuse the same in any manner in future.

3. That the compromise has held in amicable manner without any pressure, as the parties are in near relations with each other.

4. That the compromise has been signed by

the parties in the presence of witnesses with their own sweet wishes by understanding all the terms and conditions,as the same has

been duly read over and explained to the parties in the presence of witnesses."

In aforesaid facts and circumstances, present appeal

is allowed in terms of compromise reproduced hereinabove and

suit of plaintiff/appellant is decreed in terms of compromise.

Terms of compromise shall be part of decree. Registry to draw

the decree accordingly.

Appeal stands disposed of accordingly including all

.

pending miscellaneous application(s), if any

August 06, 2021 (Vivek Singh Thakur)

(ms) Judge

r to