Anjali Jain And Others vs Gain Chand Taank And Another
2021 Latest Caselaw 1381 HP

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       IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA




                                                                                            .
                                                  CMPMO No.:                      441 of 2020





                              Date of Decision: 24.02.2021
______________________________________________________________________





Anjali Jain and others                                ....Petitioners.

                           Vs.
Gain Chand Taank and another                                                            .....Respondents.





Coram:
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?1 No.


For the petitioners:                              Mr. Ashok K.Tyagi, Advocate.

For the respondents:                              Nemo.

Ajay Mohan Goel, Judge (Oral):

By way of this petition filed under Article 227 of the

Constitution of India, the petitioners have prayed for the following reliefs:

"1. The finding/compromise recorded by the Ld. Mediator on 28.8.2014 and compromise decree dated 6.12.2014 passed by the Ld. Lok

Adalat on the basis of compromise dated 28.8.2014 in C.S. No. 97/1 of 2015 may kindly be quashed and set aside in the interest of justice.

2. That the ld. Trial Court may kindly be directed to decide the objection to the execution at first instance before proceeding with the execution."

2. As the Court is not convinced that this petition which

has been filed after 7 years of the compromise having been entered into

1Whether the reporters of the local papers may be allowed to see the Judgment?

before the Lok Adalat is maintainable, vide which, the said compromise is

.

being assailed now, as prayed for, this petition is permitted to be

withdrawn.

3. At this stage, Mr. Tyagi informs the Court that in the

execution proceedings which are pending before the Executing Court, a

similar objection has been taken by the petitioners. It goes without saying

that the proceedings in the Execution Petition shall be taken to their

logical conclusion by the learned Executing Court without being

influenced by any observations made by this Court in the present order.

Miscellaneous applications, if any, also stand disposed of.

(Ajay Mohan Goel)

Judge February 24, 2021 (bhupender)