Himachal Pradesh High Court
Ram Nagar vs Unknown on 14 November, 2022
Bench: Sandeep Sharma
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 14th DAY OF NOVEMBER, 2022
BEFORE
.
HON'BLE MR. JUSTICE SANDEEP SHARMA
REGULAR SECOND APPEAL No. 244 of 2022
Between:
SHRI SRIKANT, S/O SHRI MAHAVIR
PRASAD, BAWA MARKET, SHIMLA,
THROUGH HIS ATTORNEY, SH. RAJINDER
KUMAR, S/O SHRI BHAGAT RAM, R/O
RAM NAGAR, SHIMLA, AGE 48 YEARS.
....APPELLANT
(MR. AJAY KUMAR, SENIOR ADVOCATE WITH
MR. SUMIT SOOD, ADVOCATE)
AND
SHRI BAWA JANG BHADUR, S/O LATE SHRI
RATTAN SINGH, R/O BAWA BUILDING,
SHIMLA-3.
....RESPONDENT
(MR. SANDEEP KUMAR PANDEY, ADVOCATE)
Whether approved for reporting?
This Appeal coming on for orders this day, the Court passed the following:
JUDGMENT
CMP No.15567 of 2022
By way of instant application filed under Order 23 Rule 3 CPC,
prayer has been made on behalf of the parties to the lis for recording the
compromise arrived interse parties during the pendency of the appeal.
2. Perusal of the averments contained in the application, which is
duly supported by affidavits of both the parties reveal that the parties have
.
entered into the compromise, whereby respondent through his General Power
of Attorney , Shri Krishan Kumar has executed the tenancy in favour of General
Power of Attorney of the appellant through whom, the present appeal has been
filed. Terms and conditions of the compromise and tenancy have been reduced
in agreement, which is annexed with the application as Annexure P-1. As per
the agreement arrived interse parties, respondent shall withdraw Execution
Petition No.9005113/95, titled as BJB Versus New Fine Tailors and
consequent thereto the present appeal shall be dismissed as withdrawn being
compromised.
3. In view of the aforesaid amicable settlement arrived interse
parties, there appears to be no impediment in accepting the prayer made in the
instant application and accordingly same is allowed and factum with regard to
compromise, as detailed in the application as well as terms and conditions of
the compromise and tenancy reduced in agreement and placed on record as
Annexure P-1, is taken on record. The application stands disposed of.
RSA No.244 of 2022
4. By way of instant appeal filed under Section 100 of CPC,
challenge has been laid to judgment and decree dated 29.06.2022 passed by
learned Additional District Judge-I, Shimla, District Shimla H.P., in Civil Misc.
Appeal No. 2-S/14 of 2022, affirming the order dated 14.03.2022 passed by
learned Civil Judge (Junior Division) Court No.3, Shimla, District Shimla, H.P.,
in Execution Petition No.9005113/95, titled as BJB Bawa Vs. New Fine
Tailors. Before the case at hand could be heard and decided on its own merit,
parties have entered into the compromise, as a result of which, both the parties
.
have approached this Court by way of an application bearing CMP No. 15567
of 2022, praying therein to permit them to enter into the compromise and place
on record factum with regard to compromise. Having taken note of the prayer
made on behalf of the parties, this Court has already permitted both the parties
to enter into the compromise, as detailed in earlier part of the order passed in
CMP No. 5567 of 2022.
5. Consequently, in view of the compromise arrived interse parties,
details whereof have been taken note in the earlier part of the judgment,
nothing remains to be adjudicated in the present appeal and accordingly, same
is disposed of as compromised interse parties by making the terms and
conditions as contained in the application Annexure P-1 as well as documents
annexed therewith as part and parcel of the judgment. In view of the
compromised arrived interse parties, the execution Petition No.9005113/95 is
also dismissed.
6. Accordingly, the present appeal stands disposed of in the
aforesaid terms alongwith pending applications, if any.
14th November, 2022 (Sandeep Sharma),
(shankar) Judges
