Jai Maa Developers vs Surinder And Others
2023 Latest Caselaw 832 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                           Civil Suit No. 26 of 2022




                                                                                          .
                                                            Date of decision: 12.1.2023





    Jai Maa Developers                                                                  ...Plaintiff.
                                                  Versus
    Surinder and others.                                                                ...Defendants





    Coram
    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
    Whether approved for reporting?1
    For the Plaintiff.


    For the Defendants:
                                 r                  to
                                             Mr.P.S. Goverdhan, Senior Advocate with
                                             Mr.Chaman Goverdhan, Advocate

                                             Mr.Ajay Singh Kashyap,
                                             defendant No. 1.
                                                                                            Advocate,          for

                                             Mr.Rajeev Sood, Advocate, for defendant No.
                                             2.



                        Vivek Singh Thakur, Judge (Oral)

Plaintiff has filed an application OMP No.10 of 2023 under

Order 23 Rule 1(1) of the Code of Civil Procedure, for withdrawal of

suit, on the ground that claim against defendant No. 1 has been

abandoned in view of compromise dated 1.1.2023 arrived at between

plaintiff and defendant No. 2. Compromise-cum-Memo of

Understanding dated 2.1.2023 has been placed on record, in original,

with the application. The compromise has been singed by Ashok

Kumar, Abhay Kumar and Sunil Thakur as First Party and defendant

No. 2 Rajpal as Second Party.

2. Defendant No. 2 has filed reply to the application,

supported by affidavit, admitting the contents of the application to be

true and correct and communicating no objection for allowing the

application.

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

3. Learned counsel for defendant No. 1, under instructions,

has endorsed above referred compromise/Memo of Understanding,

arrived at between the parties.

.

4. In aforesaid circumstances prayer of the plaintiff is

accepted and, as prayed, in view of compromise/Memo of

Understanding, suit is permitted to be withdrawn.

5. At this stage learned counsel for the plaintiff has submitted

that Memorandum of Understanding, which has been placed on record

in original by inadvertent mistake of Clerk, is required by the plaintiff to

be produced in other cases. Therefore, on his prayer, plaintiff is

permitted to place on record attested true photocopy of Memorandum

of Understanding-cum-compromise in the Registry and in such

eventuality Additional Registrar (Judicial) shall return the original

Memorandum of Understanding-cum-compromise to learned counsel

for the plaintiff by retaining and replacing attested true photocopy of

the same in place of the original.

Court fee as permissible under law also be refunded to the

plaintiff.

The suit is disposed of in aforesaid terms, so also pending

application(s), if any.

                                                            (Vivek Singh Thakur),
         th
    12 January, 2023                                               Judge.
              (Keshav)