Brothers vs Brajinder Singh
2021 Latest Caselaw 4009 HP

                                   1




           IN THE HIGH COURT OF HIMACHAL PRADESH AT
                            SHIMLA
                   ON THE 19th DAY OF AUGUST, 2021




                                                            .
                                BEFORE





            HON'BLE MR. JUSTICE VIVEK SINGH THAKUR

                REGULAR SECOND APPEAL NO.160 of 2002





    Between:-

    1(a) SMT.PUSHPA DEVI
         WIDOW OF SHRI VISHWANATH,





         AT PRESENT C/O M/S MAHAJAN
         BROTHERS, NEW SUBZI MANDI,
         MAIN BAZAAR, CHAMBA, H.P.-
         176 310

    1(b) SHRI NEERAJ MAHAJAN
         SON OF SHRI VISHWANATH,

         AT PRESENT C/O M/S MAHAJAN
         BROTHERS, NEW SUBZI MANDI,
         MAIN BAZAAR, CHAMBA, H.P.-
         176 310


    1(c)   SHRI MUNISH MAHAJAN
           SON OF SHRI VISHWANATH,
           AT PRESENT C/O M/S MAHAJAN
           BROTHERS, NEW SUBZI MANDI,




           MAIN BAZAAR, CHAMBA, H.P.-
           176 310





    1(d) SHRI AMAN MAHAJAN
         SON OF SHRI VISHWANATH,
         AT PRESENT C/O M/S MAHAJAN





         BROTHERS, NEW SUBZI MANDI,
         MAIN BAZAAR, CHAMBA, H.P.-
         176 310

    1(e) MS. SEEMI MAHAJAN
         DAUGHTER        OF       SHRI
         VISHWANATH,
         AT PRESENT C/O M/S MAHAJAN
         BROTHERS, NEW SUBZI MANDI,
         MAIN BAZAAR, CHAMBA, H.P.-
         176 310

    1(f)   MS. PANKESH KUMARI
           DAUGHTER        OF       SHRI
           VISHWANATH,
           AT PRESENT C/O M/S MAHAJAN




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         BROTHERS, NEW SUBZI MANDI,
         MAIN BAZAAR, CHAMBA, H.P.-
         176 310

    1(g) MS. BABITA MAHAJAN
         DAUGHTER OF SH. VISHWANATH,




                                                           .
         AT PRESENT C/O M/S MAHAJAN





         BROTHERS, NEW SUBZI MANDI,
         MAIN BAZAAR, CHAMBA, H.P.-
         176 310





    1(h) SMT.LAXMI
         W/O SHRI AJAY RATRA
         D/O SHRI VISHWANATH,
         AT PRESENT R/O B-99/2,
         EAST OF KAILASH,





         NEW DELHI- 110 001

                                          ....APPELLANTS-DEFENDANTS

         (BY SH.AJEET PAL SINGH JASWAL,
         ADVOCATE,
                  r    VICE   SH.JANESH

         GUPTA, ADVOCATE)

         AND


    1(a) SMT. ASHA KUMARI
         WIDOW OF SHRI BRIJENDER
         SINGH,
         RESIDENT OF THE PALACE,




         CHAMBA TOWN,
         DISTRICT CHAMBA, H.P.





    1(b) MS. RAVINANDINI KUMARI
         DAUGHTER OF SHRI BRIJENDER





         SINGH,
         RESIDENT OF THE PALACE,
         CHAMBA TOWN,
         DISTRICT CHAMBA, H.P.

                                            ...RESPONDENTS-PLAINTIFFS


         (BY SH. VINOD GUPTA, ADVOCATE)




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                This appeal coming on for orders this day, the Court
    passed the following:


                            JUDGMENT

.

Present appeal has been preferred against the

judgment and decree dated 31.12.2001, passed by learned

District Judge, Chamba Division, Chamba, H.P., in Civil Appeal

No.68 of 2000, titled as Vishwa Nath Mahajan vs. Brajinder Singh,

whereby judgment and decree dated 21.08.2000, passed by

learned Senior Sub Judge, Chamba, District Chamba, H.P., in Civil

Suit No.158/99/95, titled as Brajinder Singh vs. Vishwanath

Mahajan, decreeing the suit of plaintiff with costs for recovery of

`1,99,500/- alongwith pending and future interest @ 11% per

annum till realization of entire decretal amount, has been

affirmed.

2. Present parties are successors-in-interest of plaintiff

and defendant.

3. Now matter has been compromised between the

parties. As per compromise respondents (successor-in-interest of

plaintiff Vishwanth) have accepted `1,99,500/- as full and final

settlement by relinquishing the interest component in terms of

compromise. Operative portion of the compromise is as under:-

"That in order to avoid further litigation and for the betterment of relations, both the parties have compromised the matter and the judgment debtors have agreed to pay the principal decreetal amount of Rs.1,99,500/- only to the Decree holders and in lieu

of this the Decree holders have agreed to waive the entire interest on the dereetal amount as a good will gesture.

Accordingly the judgments debtors have paid

.

the entire decreetal amount of Rs. 1,99,500/- (One

Lac ninety nine thousand five hundred only) to the Decree holders in the presence of witnesses on the

day, month and year above written and a separate receipt acknowledging the receipt of payment of principal decreetal amount Rs.1,99,500/- is being executed separately.

Now in view of the compromise, the judgment debtors will get the RSA No.160/2002 pending before Hon'ble H.P. High Court disposed off as per

compromise and judgment debtors will not file any

application for the execution of aforesaid decree dated 21-08-2000 passed in civil suit no. 158/99/95 by Ld. Senior Sub Judge Chamba and affirmed in civil

appeal no. 68/2000 vide judgment and decree dated 31-12-2001 of the Ld. District Judge Chamba H.P."

4. Compromise as well as receipt of the amount have

been endorsed by learned counsel for the respondents with

communication of no objection for allowing the appeal in terms

of the compromise.

5. In view of above, impugned judgment and decree

passed by learned Senior Sub Judge, Chamba, affirmed by

learned District Judge, Chamba, are set aside and appeal is

allowed and disposed of in terms of the compromise referred

supra.

6. Decree sheet be prepared accordingly.

7. Court fee, if not refunded, as per Rules to the

appellants, be refunded.

8. Pending application(s), if any, also stand disposed of.

.

(Vivek Singh Thakur),

Judge.

    August 19, 2021
         (Purohit)





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