Himachal Pradesh High Court
Vivek Kumar Gupta Son Of vs Shri Ramesh Kumar Son Of on 14 October, 2022
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 14th DAY OF OCTOBER, 2022
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CIVIL REVISION NO. 09 OF 2020
Between:-
SHRI KRISHAN KUMAR GUPTA NOW
DECEASED THROUGH HIS HEIRS AND
LEGAL REPRESENTATIVES:
1. VIVEK KUMAR GUPTA SON OF
LATE SHRI KRISHAN KUMAR
GUPTA, RESIDENT OF HOUSE
NO.
20-A,SECTOR 4,
CHANDIGARH.
.......... PETITIONER-PLAINTIFF
(BY MR. K.D. SOOD, SENIOR ADVOCATE WITH
MR. HET RAM THAKUR, ADVOCATE)
AND
1. SHRI RAMESH KUMAR SON OF
SHRI KIRPA RAM;
2. OM PRAKASH SON OF SHRI
KRIPA RAM;
3. JAGDISH KUMAR SON OF SHRI
KIRPA RAM;
4. SMT. NIRMLA DAUGHTER OF
SHRI KIRPA RAM;
ALL RESIDENT OF VILLAGE
SILHARI, POST OFFICE AND
TEHSIL KANDAGHAT, DISTRICT
SOLAN, H.P.
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5. SMT. SARLA WIDOW OF SHRI
RAM SARUP;
6. RAJESH SON OF LATE SHRI
.
RAM SARUP;
7. RAKESH SON OF LATE SHRI
RAM SARUP;
8. MISS REENA DAUGHTER OF
LATE SHRI RAM SARUP;
ALL RESIDENTS OF VILLAGE
SILHARI, POST OFFICE AND
TEHSIL KANDAGHAT, DISTRICT
SOLAN, H.P.r
9. RAM PRATAP SON OF SHRI
DURGA DASS, RESIDENT OF
OLD COURT ROAD,
KANDAGHAT, POST OFFICE
AND TEHSIL KANDAGHAT,
DISTRICT SOLAN, H.P.
10. RAM SARUP SON OF SHRI
DAULAT RAM, NOW DECEASED
THROUGH HIS HEIRS AND
LEGAL REPRESENTATIVES:
10(I) RAMESH KUMAR;
10(II) SURESH KUMAR;
10(III) RAKESH KUMAR;
10(IV) SMT. SAROJ;
10(V) SMT. USHA;
ALL RESIDENTS OF OLD COURT
ROAD, KANDAGHAT, POST
OFFICE AND TEHSIL
KANDAGHAT, DISTRICT SOLAN,
H.P.
11. GANGA BISHAN, NOW
DECEASED THROUGH HIS
HEIRS AND LEGAL
REPRESENTATIVES:
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11(I) SMT. PARWATI DEVI
WIDOW OF SHRI GANGA
BISHAN;
.
11(II). SMT. MEERA DEVI
DAUGHTER OF SHRI GANGA
BISHAN;
11(III). SMT. HEERAWATI
DAUGHTER OF SHRI GANGA
BISHAN;
11(IV). SHRI LAXMI DUTT SON
OF SHRI GANGA BISHAN;
11(V) HARI KRISHAN, SON OF
SHRI GANGA BISHAN;
11(VI) SHRI DUTT SON OF SHRI
GANGA BISHAN;
ALL RESIDENTS OF VILLAGE
SILHARI, POST OFFICE AND
TEHSIL KANDAGHAT, DISTRICT
SOLAN, H.P.
12. SMT. PADMAWATI WIDOW OF
SHRI SHIV RAM, RESIDENT OF
VILLAGE SILHARI, POST OFFICE
AND TEHSIL KANDAGHAT,
DISTRICT SOLAN, H.P.
13. SHRI SOM DUTT SON OF SHRI
KRIU;
14. LIAK RAM SON OF SHRI KIRU;
15. SHRI MADHO RAM SON OF SHRI
KIRU;
ALL RESIDENTS OF VILLAGE
SILHARI, POST OFFICE AND
TEHSIL KANDAGHAT, DISTRICT
SOLAN, H.P.
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16. JOGINDER KUMAR SON OF LATE
SHRI BIRU;
17. SMT. BATTU WIDOW OF LATE
.
SHRI BIRU;
BOTH RESIDENTS OF VILLAGE
SILHARI, POST OFFICE AND
TEHSIL KANDAGHAT, DISTRICT
SOLAN, H.P.
18. PURAN KUMAR SON OF SHRI
MATHU RAM;
19. MUNNU RAM SON OF SHRI
MATHU RAM, NOW DECEASED
THROUGH HIS HEIRS AND
LEGAL REPRESENTATIVES:
19(I).SMT. KAUSHALYA WIDOW OF
LATE SHRI MUNNU RAM;
19(II).INDER SINGH SON OF LATE
SHRI MUNNU RAM;
19(III).DAYAL CHAND SON OF LATE
SHRI MUNNU
ALL RESIDENTS OF VILLAGE
SILHARI, POST OFFICE AND
TEHSIL KANDAGHAT, DISTRICT
SOLAN, H.P.
20. SURESH SON OF LATE SHRI
GITA RAM;
21. SMT. SUNITA DAUGHTER OF
LATE SHRI GITA RAM;
22. MISS KAMLESH DAUGHTER OF
LATE SHRI GITA RAM;
23. MISS LALITA DAUGHTER OF
LATE SHRI GITA RAM;
24. SMT. SAVITRI WIDOW OF LATE
SHRI GITA RAM
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ALL RESIDENTS OF VILLAGE
SILHARI, POST OFFICE AND
TEHSIL KANDAGHAT, DISTRICT
SOLAN, H.P.
.
25. SHRI RAVINDER KUMAR SON OF
LATE SHRI MATHU RAM;
26. SMT. PHUIANA DEVI WIDOW OF
LATE SHRI MATHU RAM (NOW
DECEASED THROUGH HER
HEIRS AND LEGAL
REPRESENTATIVES AT SERIAL
NO. 18 TO 25).
BOTH RESIDENTS OF VILLAGE
SILHARI, POST OFFICE AND
TEHSILKANDAGHAT, DISTRICT
SOLAN, H.P.)
27. PARSIA SON OF SHRI LATHURIA
RAM, RESIDENT OF VILLAGE
SILHARI, POST OFFICE AND
TEHSIL KANDAGHAT, DISTRICT
SOLAN, H.P. (DIED) (EXEMPTED
FROM BRINGING ON RECORD
THE LRS OF DECEASED PARSIA,
RESPONDENT NO. 27, VIDE
ORDER DATED 09.08.2019
UNDER ORDER 22 RULE 4(4) OF
C.P.C.)
28. HARI NAND SON OF SHRI
CHANGU RAM, RESIDENT OF
VILLAGE
SILHARI, POST OFFICE AND
TEHSIL KANDAGHAT, DISTRICT
SOLAN,
...........DEFENDANTS-RESPONDENTS
29. VINAY KUMAR GUPTA SON OF
LATE SHRI KRISHAN KUMAR
GUPTA, RESIDENT OF HOUSE
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NO.20-A, SECTOR 4,
CHANDIGARH.
........PROFORMA RESPONDENT/ PLAINTIFF
.
(MR. B.C.NEGI, SENIOR ADVOCATE WITH MR.
NITIN THAKUR, ADVOCATE FOR R-1 TO 8, 10(I)
TO 10(V), 11(IV) TO 11(VI);
MR. NEERAJ GUPTA, SENIOR ADVOCATE
WITH MR. AJEET JASWAL ADVOCATE FOR R-
28;
MR. SUDHIR THAKUR, SR. ADVOCATE WITH
MR. KARUN NEGI, ADVOCATE FOR R-29)
___________________________________________________________
Whether approved for reporting:
This petition coming on for orders this day, the Court
passed the following:-
JUDGEMENT
CR No. 09 of 2020 and CMP No. 14420 of 2022
By way of this revision petition, the petitioner has
prayed for the following relief:-
"It is therefore, prayed that this Hon'ble Court may be
pleased to send for the record of the case and after
examining the legality and proprietary of proceedings
may be pleased to set aside the orders dated
25.09.2019 and 17.6.2013 and direct the court below
to decide the suit on merits in accordance with law
instead of ordering the return of the plaint which
orde3r is not sustainable. Such other orders which
this Hon'ble Court may deems fit and proper in the
facts and circumstances of the case, may also be
.
passed in favour of the petitioner."
2. During the course of hearing of the present
proceedings, on 12.05.2022, the following order was passed:-
Civil Revision No. 09 of 2020 & CMP No. 896of 2020
On the last date of hearing, the Court had made
an observation that endeavour be made by the parties to have the
matter r amicably resolved between themselves
before the same is heard on merit. Today, learned counsel
submit that parties are willing to find out some amicable
resolution to their issue, if possible. As prayed for, Shri G.D.
Verma, learned Senior Advocate, who is present in the
Court is requested to act as a mediator between the parties.
Learned counsel for the parties to appear before Mr. Verma,
learned Mediator on 13th May, 2022 and thereafter parties
to appear on such dates as shall be fixed by the learned Mediator.
Registry to provide the relevant record to the
learned Mediator as directed. The matter be listed in the
Court after report of the learned Mediator.
3. The Court has been informed that the mediation that
was held between the parties by the learned Mediator was
successful and now the matter stands amicably settled between
the parties in terms as it stands depicted in a joint application
which has been filed by the parties under Order 23, Rule 3 read
with Section 151 of the Code of Civil Procedure, i.e. CMP No.
.
14420 of 2022. Accordingly, a prayer has been made by the
learned Counsel for the parties that present proceedings be
disposed of in terms of the compromise, as has been entered into
between the parties, as is reflected in the contents of the
application.
4. In view of the prayer so made, the present petition is
disposed of by taking the compromise so entered into between the
parties on record and by further observing that the matter now
stands settled between the parties in the following terms:-
"1. That the parties to the litigation have long standing
disputes between them relating to the land in dispute. The
parties have now agreed during the mediation proceedings
in the below mentioned terms:
a. That the Jamabandi/Missal Halkiyat for the year 1992-
1993 in respect of Khasra No. 896, measuring 772 sq.
mtrs (which is recorded in the ownership and possession
of Krishan Kumar Gupta), Khasra Number 895 (which is
recorded in the ownership and possession of Lakshmi
Dutt, Hari Krishan & Bhim Dutt) Khasra No.
889,890,891,892,893 & 894 (which is recorded in the
ownership and possession of Ramesh Kumar, Om Prakash
& Jagdish, sons of Kripa Ram, Rakesh Kumar, Rajesh
Kumar sons of Shri Ram Sarup, Hari Nand son of
Chhangu, Ram Sarup son of Daulat Ram through his LRs)
at Mauja Salhari, PO and Tehsil Kandaghat, District Solan,
H.P. be made the basis for the settlement of all disputes.
b. Demarcation on the basis thereof be carried out of the
.
buildings, structures and plan be sanctioned on the basis
thereof. Notwithstanding the adjudications made in
various litigations the demarcation carried out on the basis
of the jamabandi/missal hakiyat for the years 1992-1993
at Mauja Salhari, PO and Tehsil Kandaghat, District Solan,
H.P., in respect of Khasra No. 896, measuring 772 sq.
mtrs(which is recorded in the ownership and possession of
Krishan Kumar Gupta), Khasra Number 895(which is
recorded in the ownership and possession of Lakshmi
Dutt, Hari Krishan & Bhim Dutt) Khasra no.
889,890,891,892,893 & 894 (which is recorded in the
ownership and possession of Ramesh Kumar, Om Prakash
& Jagdish sons of Kripa Ram, Rakesh Kumar, Rajesh
Kumar sons of Shri Ram Sarup, Hari Nand son of
Chhangu, Ram Sarup son of Daulat Ram through his Lrs)
be recorded in the name of respective owners mentioned
hereinabove. The same be accepted and will govern the
rights of the parties. This decision will prevail over
adjudications.
2. That the parties have agreed to be bound by this
compromise. This compromise shall form part of the
judgment, decree and the revenue record shall be corrected
on the aforesaid basis, the case be disposed of
accordingly.
5. The application stands disposed of. The contents of the
compromise shall constitute the part of the final order passed by
the Court as also the record of the case.
6. With these observations, the petition also stands
disposed of.
.
7. Now the parties shall be at liberty to bring this order to
the notice of various Courts so that matters related to the parties
pending in said Courts can be disposed of in terms of the
compromise which has been effected between the parties in this
Court.
8. The Court places its appreciation on record for the
efforts made by learned Mediator in settling the matter.
9. Mr. Karun Negi, learned Counsel submits that though
he was representing respondent No. 29, but power of attorney has
yet not been filed and he prays that he may be permitted to file
power of attorney on behalf of respondent No. 29. Ordered
accordingly.
Pending miscellaneous application(s), if any, also stand
disposed.
(Ajay Mohan Goel)
Judge
October 14, 2022
(narender)
