Smt. Diveshwari Sood vs Sh. Deepak Sood And Anr
2021 Latest Caselaw 405 HP

              IN THE HIGH COURT OF HIMACHAL                 PRADESH, SHIMLA
                                  CS No. 56 of 2016 and Counter claim No. 4 of 2017
                                                       Date of Decision: 07.1.2021.
       ______________________________________________________________________




                                                                      .
Smt. Diveshwari Sood                                                       .........Plaintiff





                                          Versus
Sh. Deepak Sood and Anr.                                                   ....Defendants
Coram





Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting1?
For the plaintiff:         Mr. Ajay Vaidya, Advocate.
For the defendants:        Mr. Sumit Sood, Advocate.
         ____________________________________________________________________





Sandeep Sharma, J. (Oral)

By way of instant suit, prayer has been made on behalf of the

plaintiff for partition of the land comprising khasra No.384, khewat No. 199 min,

Khatauni No. 438, Mauza Tutu, Tehsil and District Shimla, H.P., alongwith

buildings, structures standing thereon by metes and bounds and for specific

possession of the land and structures as may be allotted to the plaintiff on

partition proceedings.

2. Defendant No.1 namely Deepak Sood, has also filed counter claim

bearing Counter Claim No. 4 of 2017, seeking therein decree for permanent

perpetual prohibitory injunction in his favour and against the plaintiff and

defendant No.2, restraining them from selling, transferring or alienating in any

manner their undivided shares in five storied building built upon land comprised

in khewat No. 199 min, khatauni No. 438, Khasra No. 384, mauja Totu, Tehsil and

District Shimla, by further restraining the plaintiff/non-counter claimant from

Whether reporters of the Local papers are allowed to see the judgment?

parting with the possession of any portion of the third floor in favour of the third

party. Besides above, counter claimant also prayed that non-applicant/non-

.

counterclaimant be restrained from selling, transferring or parting with the

possession of land comprised in khasra No. 381, khasra No. 383, khewat No. 199

min khatauni No. 438, mauza Totu, Tehsil and District Shimla.

3. Though, written statement as well as replication in the suit and

counterclaim stand filed in the suit as well as counter claim, but before issues

could be framed, parties have entered into compromise, whereby they have

resolved to settle their dispute amicably inter-se them and as such, have filed

joint application bearing OMP No. 8 of 2021, under Order 23 Rule 3 of CPC,

praying therein to decree the suit at hand as compromised in terms of terms

and conditions contained in the application referred herein above.

4. Averments contained in the aforesaid application as well as terms and

conditions contained therein, reveals that property sought to be partitioned by way of

instant suit has been partitioned inter-se parties to the lis by way of a family settlement

dated 5.1.2021. In the aforesaid background, prayer has been made to this court to

decree the suit as compromised.

5. Plaintiff namely Smt. Diveshwari Sood as well as defendants namely

Sh. Deepak Sood and Ms. Arti Sood, have come present in the Court. They state

on oath before this Court that they of their own volition and without there being any

external pressure have entered into family settlement dated 5.1.2021, whereby they all

have agreed to partition their properties, sought to be executed in the instant suit, in

terms of terms and conditions contained in the application referred herein above,

which bears their signatures and they identify the same. Their separate statements

made on oath are taken on record and application bearing OMP No.8 of 2021 is

ordered to be exhibited as Ext.C1 so that terms and conditions are subsequently made

.

part of the decree.

6. Consequently, in view of the, prayer made in the application as well as

statements made by the parties to the lis, suit at hand is decreed as compromised in

terms of terms and conditions contained in Ext.C1 and parties undertake before this

Court to adhere/abide by all terms and conditions contained in the compromise and

would take necessary steps for execution/implementation of the compromise arrived

inter-se them within a period of two months from today.

7.

In the aforesaid terms, the present suit as well as counter claims are

disposed of as compromised, so also, pending application(s), if any. Decree sheet be

prepared accordingly.

7th January, 2021                                              (Sandeep Sharma),




manjit                                                               Judge.