District Kangra (H.P.) vs Through His General
2021 Latest Caselaw 5934 HP

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IN THE HIGH COURT OF HIMACHAL PRADESH,

SHIMLA ON THE 29th DAY OF DECEMBER, 2021

BEFORE

HON'BLE MR. JUSTICE AJAY MOHAN GOEL

REGULAR SECOND APPEAL No.154 of 2020

Between:

SHRI BANSI LAL S/O SHRI ROSHAN LAL AGED 59 YEARS

MOHAL KATHWARI MAUZA AND TEHSIL NAGROTA

DISTRICT KANGRA (H.P.) ....DEFENDANT/APPELLANT.

(BY. MR. AJAY KUMAR, SENIOR ADVOCATE, WITH MR.

SUMIT SOOD, ADVOCATE )

AND

SHRI CHANDERMANI S/O SHRI PRABHU DAYAL S/O

SOBHA R/O MOHAL KATHWARI MAUZA AND TEHSIL NAGROTA

THROUGH HIS GENERAL POWER OF ATTORNEY SHRI DEV RAJ S/O SHRI CHANGRU RAM, VILLAGE RIHALPURA TEHSIL AND DISTRICT KANGRA ....PLAINTIFF/RESPONDENT.

(BY. MR. SUNEET GOEL, ADVOCATE)

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Whether approved for reporting?1 No

This appeal coming on for order stage this day, the Court passed the

following: JUDGMENT

Both the parties are present in the Court in person and

they have been duly identified by learned counsel.

By way of this appeal, the appellant has prayed for

setting aside of the judgments and decrees passed by the learned

Courts below, whereby a suit for permanent injunction and

possession filed by the respondent herein against the appellant

herein, stood decreed by the learned Trial Court and the said decree

was affirmed by the learned First Appellate Court.

2. During the course of hearing of this appeal, the matter

was sent for the purpose of mediation to Shri G.D. Verma, learned

Senior Counsel, who was requested to examine the possibility of

some amicable settlement between the parties to the lis. It is

heartening to note that the matter has now been settled amicably

between the parties in the mediation proceedings which were so

undertaken by the learned Mediator. The Court places on record its

appreciation for the endeavour which has been made by the learned

Mediator to have the matter amicably settled as also to the parties

and their respective counsel for finding such amicable settlement.

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3. Today, an application has been filed under 23, Rule 3

read with Section 151 of the Code of Civil Procedure jointly by the

parties which is ordered to be taken on record. Registry is directed to

register the same.

4. As jointly prayed for, the present appeal is accordingly

disposed of by taking on record the matter having been settled by

the parties in the following terms:­

"i) That land comprised in khata No.109, khatoni No.177,

kh. No.853, 854 & 935/862 kita­3, measuring 0­03­87 ha. Is owned by the appellant Bansi Lal. The land comprised in khata No.117, khatoni No.186, kh. 464

measuring 00­00­65 ha. is owned by the respondent Chandermani. The dispute pertained to the access to the

property of the appellant from the front portion adjoining

the road and to the backyard of the respondent.

ii) The parties have agreed and settle that about 0­00­10 ha. In front of the house of the appellant Bansi Lal

measuring about 7 feet upto the pillar will be given by the respondent to the appellant for his access to the main road. In expunge thereof the applicant Bansi Lal agreed to give land measuring 0­00­14 ha. comprising in kh. No.854 measuring 0­02­39 ha. to the respondent Chandermani so that he can have access to the land at the back of his house. The report and the statement given by the parties in he present appeal in the presence

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of Tehsildar Nagrota Bagwan are being filed herewith as

Annexure A­1 (Colly).

iii) The parties have thus settled their dispute amicably

for all times to come."

5. The contents of this application as well as the

documents appended therein shall be treated to be part and parcel

of the judgment and decree passed by this Court and the judgments

and decrees passed by the learned Courts below stand modified to

the extent, the matter stands now compromised between the parties

and the Registry is directed to prepare a judgment and decree

inconsonance with the same agreement so entered into between the

parties as is reflected in the application.

6. Pending miscellaneous applications, if any, stand

disposed of. Interim order, if any, stands vacated.

    December 29, 2021                                 (Ajay Mohan Goel)
        (rishi)                                             Judge