Solan vs Saini Son Of Gurdev
2021 Latest Caselaw 5236 HP

      IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                ON THE 12th DAY OF NOVEMBER, 2021




                                                          .
                               BEFORE





          HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN

           REGULAR SECOND APPEAL NO. 324 OF 2019





                ALONGWITH CMP NO. 12760 OF 2021

    Between:-





       SHRI   SURINDER   KUMAR
       GUPTA SON OF LATE SHIR
       DARSHAN     LAL   GUPTA,
       RESIDENT OF VILLAGE &

       POST OFFICE DHARAMPUR,
       TEHSIL KASAULI, DISTRICT

       SOLAN, H.P.
                                                           ...APPELLANT

    (BY SH. VIRENDER RATHOUR, ADOVCATE)



    AND

       SHRI   JASWINDER    SINGH




       SAINI SON OF GURDEV
       SINGH,    PRP.  M/S    J.S.
       ELECTRONICS, SHOP NO. 1,





       NEAR           TELEPHONE
       EXCHANGE,       ADJOINING
       NATIONAL         HIGHWAY,





       DHARAMPUR,         TEHSIL
       KASAULI, DISTRICT SOLAN.
                                                        ...RESPONDENT

    (SH. Y. PAUL, ADVOCATE).

       This Appeal coming on for Admission after Notice this day, the
       Hon'ble Mr. Justice Tarlok Singh Chauhan, passed the
       following:-
                             JUDGMENT

CMP No. 12760 OF 2021

.

The instant application has been filed by the applicant

for placing on record the compromise deed with the prayer for

passing judgment and decree on the basis of the compromise.

Since, the parties have settled the dispute amicably, therefore, the

application is allowed and disposed of accordingly.

RSA No. 324 OF 2019

2. Both the parties are ad idem that the issue in question

has been duly compromised as per compromise deed (Annexure A-

1), which reads as under:-

"MUTUAL AGREEMENT

That we Surinder Kumar Gupta s/o late Sh. Darshan Lal and

Jaswinder Singh Saini, s/o lage Sh. Gurdev Singh both are agreed as under:-

1. That I surinder Kumar Gupta s/o late Sh. Darshan Lal Gupta, resident of Vill. Slharri Chamaran P.O. Dharampur,

Distt. Solan (H.P.) will withdraw the case No. RS/324/219 which is pending in Hon'ble High Court, Shimla.

2. That Jaswinder Singh Saini s/o late Sh. Gurdev Singh Saini

resident of Dhar Ki Ber, Subathu Road Dharampur, Distt. Solan (H.P.) will handed over the keys to Sh. Bhupinder Behl s/o late Sh. Sat Pal Behl after signing the agreement.

3. Sh. Bhupinder Behl handed over the keys of the shop situated on NH below Telephone Exchange Dharampur to Sh. Surinder Kumar Gupta after withdrawal of case as mentioned above.

4. That I surinder Kumar s/o lage Sh. Darshan Lal and legal heirs will not file any case in any court after vacation of shop."

.

3. Since, the matter has been compromised, therefore,

the appeal is disposed of on the basis of the compromise deed

(Annexure A-1) arrived at between the parties, which shall form

part and parcel of the decree. Decree sheet be drawn accordingly.

4. The appeal stands disposed of in the aforesaid terms.

r to Pending application(s), if any, stand(s) disposed of.

                                            ( Tarlok Singh Chauhan )

         th
    12        November, 2021                          Judge
    (sanjeev)