Himachal Pradesh High Court
Smt. Shakuntala vs Smt. Champa Devi Daughter Of on 11 August, 2021
Bench: Sandeep Sharma
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 11th DAY OF AUGUST, 2021
BEFORE
.
HON'BLE MR. JUSTICE SANDEEP SHARMA
FIRST APPEAL FROM ORDER No. 17 of 2020
Between:
1. SMT. SHAKUNTALA, WIFE OF LATE SH. AJEET
SINGH,
2. GOPAL SON OF LATE SH. AJEET SINGH
BOTH R/O VILLAGE ODDU, P.O. DURGAPUR,
TEHSIL AND DISTRICT SHIMLA, H.P.
....APPELLANTS
(BY SH.H.K.S. THAKUR, ADVOCATE)
AND
1. SMT. CHAMPA DEVI DAUGHTER OF
LATE SH. HEM DUTT.
2. HIMACHAL ROAD TRANSPORT CORPORATION,
THROUGH ITS MANAGING DIRECTOR,
BUS STAND SHIMLA, H.P.
....RESPONDENTS
3. NARESH KUMAR SON OF LATE SH. AJEET SINGH
4. KULDEEP SON OF LATE SH. AJEET SINGH
5. NIRMLA DEVI DAUGHTER OF LATE SH. AJEET
SINGH.
6. M ATHURA DEVI DAUGHTER OF LATE SH.
AJEET SINGH.
7. SITA DEVI DAUGHTER OF LATE SH.
AJEET SINGH
RESIDENT OF VILLAGE CHARAIN, P.O.
BALDEYA, TEHSIL AND DISTRICT,
SHIMLA, H.P.
...... PROFORMA RESPONDENTS
(BY SH. GIRIRAJ CHAUHAN, ADVOCATE FOR R-1,3 & 4)
(BY MS. SHUBH MAHAJAN, ADVOCAE FOR R-2)
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This Appeal coming on for orders this day, the Court passed the following:
JUDGMENT
.
Instant appeal filed under Order 43 Rule 1 (U) of the Code
of Civil Procedure, lays challenge to order dated 14.11.2019, passed
by learned Additional District Judge (I), Shimla, H.P., in Cross
Objections No.5-S/13 of 2019 in Civil Appeal No. 4-S/13 of 2019,
whereby learned court below while allowing the Cross-Objections,
having been filed by the respondent Smt. Champa Devi, remanded
the case back to learned trial Court with the direction to give
opportunity to both the parties to lead evidence on issue No.2(a) and
decide afresh, after hearing the parties.
2. Though, aforesaid appeal having been filed by the
appellants herein was admitted on 25.9.2020, but since learned
counsel representing the parties expressed wiliness of the parties to
get their dispute resolved by way of mediation, this Court on the joint
request of learned counsel representing the parties, referred the
matter to the mediation of Sh. G.D.Verma, learned Senior Advocate
(Trained Mediator).
3. It is heartening to note that with the sincere efforts put in by
Sh. G.D.Verma, learned Senior Advocate(Trained Mediator), parties to
the lis have been able to settle their dispute amicably interse them,
as is evident from orders dated 14.7.2021 and 6.8.2021, passed by
learned Mediator in the mediation proceedings. Though, matter was
compromised interse parties before the learned Mediator, but
parties were directed to place the written compromise arrived interse
them in the Court and as such, learned counsel representing the
.
parties have made available written compromise/agreement entered
interse parties, which is taken on record and exhibited as Ex. PX.
4. Perusal of aforesaid compromise/agreement reveals that
both the parties have agreed that the family pension of late Sh. Ajeet
Singh shall be received by Smt. Shakuntla (appellant No.1 herein)
widow of late Sh. Ajeet Singh alongwith all arrears. It has been further
agreed interse parties that Smt. Shakuntla Devi shall also be entitled
to receive the pension of late Sh. Ajeet Singh in future also and in this
regard, respondent Smt. Champa Devi shall have no objection. It has
been further agreed interse parties that necessary direction may be
issued to the Managing Director, Himachal Road Transport
Corporation, Bus Stand Shimla, to release the pension of late Sh.
Ajeet Singh alongwith all arrears and future pension to Smt.
Shakuntla Devi widow of late Sh. Ajeet Singh R/o village Oddu, Post
office Durgapur, Tehsil Shimla Rural, District Shimla,H.P. Appellants
Smt. Shakuntla Devi and Gopal, who happen to be wife and son of
late Sh. Ajeet Singh, have agreed that Wills of late Sh. Ajeet Singh
registered vide No.111, dated 3.9.2005 and No.113, dated 3.9.2005,
registered in the office of Sub-Registrar, Shimla Rural, executed by
late Sh. Ajeet Singh are legal and valid Wills and as such, parties to
the suit shall be entitled to the property and other benefits of late Sh.
Ajeet Singh, as bequeathed vide Will No.111 and 113, dated
3.9.2005. Smt. Shakuntla Devi and Sh. Gopal have agreed that they
or any other person claiming through them does not dispute or will
.
not dispute the validly and legality of both the Wills No.111 and 113
dated 3.9.2005, as detailed hereinabove. Similarly, above named
appellants have accepted Smt. Champa Devi, Naresh Kumar and
Kuldeep, as owner of the property bequeathed in their favour by late
Sh. Ajeet Singh and as such, they shall have no right, title or interest
of any kind in the property.
5. Similarly, Smt. Champa Devi and Naresh have accepted
the appellant Gopal to be owner of the property, which is bequeathed
by late Sh. Ajeet Singh in his favour by way of Will No.111, dated
3.9.2005, registered in the office of Sub Registrar, Shimla Rural,
District Shimla, H.P. Both the parties in terms of the agreement, as
has been taken note hereinabove, shall have no objection in case FAO
No.17 of 2020 filed by Smt. Shankuntla Devi is disposed of in terms of
the terms and conditions contained in the compromise/agreement
entered interse parties. Similarly, it has been agreed interse parties
that FAO No.63 of 2021 preferred by second party shall also be
disposed of in terms of the compromise arrived interse parties.
6. This Court with a view to ascertain the correctness and
genuineness of the compromise/agreement placed on record by the
parties in terms of their amicable settlement arrived interse them
before the learned Mediator, also deemed it necessary to record the
statements of the parties, who have come present. Smt. Shakuntla
Devi, Sh. Gopal and Smt. Champa Devi, who are being represented
by their respective counsels on oath state before this Court that they
.
of their own volition and without there being any external pressure
have entered into the compromise/agreement dated 6th August, 2021
at Shimla, whereby they have resolved their dispute interse them in
terms of the terms and conditions as contained in the compromise/
agreement. They state that since both the parties have decided to
settle their dispute amicably, as has been raised in Civil Suit No.124-I
of 2019, FAO No.17 of 2020 laying therein challenge to order dated
14.11.2019 passed by learned Additional District Judge (I), Shimla,
H.P., can be ordered to be disposed of in terms of the compromise
arrived interse parties. They state that they shall abide by the terms
and conditions as contained in the compromise/agreement Ex.PX and
in case, they violate any terms and conditions of the agreement, they
besides rendering themselves liable for penal consequences would
also be liable to be punished in accordance with the provision
contained in the Contempt of Courts Act.
7. Consequently, in view of the aforesaid development,
instant appeal having been filed by the appellant Smt. Shankuntla
Devi is disposed of as compromised. Compromise Ex.PX placed on
record shall form part and parcel of the instant order and both the
parties would abide by the terms and conditions contained in the
compromise/agreement Ex.PX dated 6th August, 2021. It is clarified
that in case parties to the lis violates any of the condition of the
compromise, he/she shall render herself/himself liable for penal
consequences as well as Contempt of Courts Act.
.
8. Managing Director, Himachal Road Transport
Corporation, is directed to release the pension of late Sh. Ajeet Singh
alongwith all arrears and future pension shall also be released in
favour of the appellant Shakuntla Devi wife of late Sh. Ajeet Singh in
terms of the amicable settlement arrived interse parties.
9. Ms. Shubh Mahajan, learned counsel representing
respondent No.2 i.e. Himachal Road Transport Corporation,
undertakes before this Court that arrears on account of pensionary
benefits shall be released in favour of Smt. Shankuntla Devi within a
period of six weeks from today. Pending applications, if any, also
stand disposed of. Interim order is vacated.
11th August, 2021 (Sandeep Sharma),
(shankar) Judge
