Sh. Budhi Ram Justa vs Sh. R.K. Soni And Another
2023 Latest Caselaw 18099 HP

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        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                     CMPMO No. 628 of 2023
                                                     Decided on: 17.11.2023




                                                                           .
    Sh. Budhi Ram Justa                                                         ....Petitioner





                  Versus





    Sh. R.K. Soni and another                                          ...Respondents
    Coram
    The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
    Whether approved for reporting?1





    For the petitioner :       Mr. Kamal Sharma, Advocate, vice Mr.
                               Rajesh Kosh, Advocate.

    For the respondents:                    Respondent No. 1 in person.

    Ajay Mohan Goel, Judge (Oral)

Petitioner Sh. Budhi Ram Justa and respondent No.

1 Sh. R.K. Soni, are present in person in the Court.

2 By way of this petition filed under Article 227 of the

Constitution of India, the petitioner has challenged order dated

16.09.2023 (Annexure R-5), passed by learned Civil Judge, Court No.

8, Shimla, in Execution Petition No. 90172/2018, in terms whereof,

the warrant of sale of the property of the present petitioner/judgment

debtor has been issued.

3. Today, the petitioner has apprised the Court that in

terms of the observations made by the Court on 16.11.2023, an

amount of Rs.2.50 Lac has been deposited by him with the Registry

of this Court in the name of learned Registrar General.

1 Whether reporters of the local papers may be allowed to see the judgment?

4. After discussing the matter with the petitioner as well as

respondent No. 1, who are present in person in the Court, the parties

have agreed that out of the amount which stands deposited by the

.

petitioner with the Registry of this Court, an amount of Rs.1,90,000/-

(Rs. One Lac Ninety Thousand) be released in favour respondent No.

1, namely, Sh. R.K. Soni, as full and final settlement of the decree

passed by the learned Court in his favour and the balance of

Rs.60,000/- be released to the petitioner, namely, Sh. Budhi Ram

Justa. The parties have further agreed that in view of the disbursal of

the said amount, the decree shall stand fully satisfied and this Court

may direct the learned Executing Court to close the execution

proceedings.

5. Taking into consideration the settlement that stands

arrived between the parties, this petition is disposed of by ordering

that out of the amount which has been deposited by the petitioner

with the Registry of this Court, an amount of Rs.1.90 Lac be released

in favour of respondent No. 1-Sh. R.K. Soni (Decree Holder), by

remitting the same in his bank account, details whereof have been

provided by him in the Court itself which are as under:-

Account No. : 30485039395

Branch Name: State Bank of India, Sanjauli, Shimla.

IFSC Code: SBIN0010728.

Similarly, the balance amount of Rs.60,000/- is hereby ordered to be

refunded to the petitioner Sh. Budhi Ram Justa, by remitting the

same in his bank account details whereof have been provided by him

in the Court, which are as under:-

                 Account No.       :       55069443026




                                                              .

                 Branch Name       :       State Bank of India, H.P.
                                           Secretariat, Chhota Shimla-02.

It is further observed that now the decree in favour of Sh. R.K. Soni

stands fully satisfied.

6. Accordingly, the impugned order, subject matter of the

present petition, looses its efficacy and is set aside.

Executing Court is directed to close the execution proceedings also,

as the Decree in issue now stands fully satisfied. Either of the parties Learned

may apprise the learned Executing Court of the order passed by this

Court today.

(Ajay Mohan Goel) Judge November 17, 2023

(narender)