Himachal Pradesh High Court
Shri Naresh Kumar vs Smt. Vandana Goswami on 30 November, 2023
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
.
RFA No. : 374 of 2017
Decided on: 30.11.2023
Shri Naresh Kumar ....Appellant
Versus
Smt. Vandana Goswami ...Respondents
Coram
of
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 No
For the appellant : Mr. Janesh Mahajan, Advocate.
rt
For the respondent Mr. Romesh Verma, Senior
:
Advocate with Mr. Hitesh Thakur,
Advocate.
Ajay Mohan Goel, Judge (Oral)
By way of this Regular First Appeal, the appellant
has assailed the judgment and decree dated 23.09.2017,
passed by the Court of learned District Judge, Shimla, in Civil
Suit No. 3-S/1 of 2015.
2. During the course of hearing of this appeal, the
matter was referred to the learned Mediator to make an
endeavour to have the matter amicably settled between the
parties. The report of the learned Mediator has been received.
In terms thereof, the parties have now settled the matter as
per compromise entered into between them, terms whereof
1 Whether reporters of the local papers may be allowed to see the judgment?
stand incorporated in the proceedings of the learned Mediator
dated 21.11.2023, which are being reproduced herein below:-
.
"As per the proposal made during the last
hearing it is stated that the matter stands finally
compromised between the parties. The Terms of
Settlement have been incorporated in the respective
statements of the parties. The appellant has agreed
that as per the will of late Smt. Asha Devi-(mother of
of
the parties) dated 27.12.1995, which is exhibited as
DW3/A in the trial Court, the first floor of the building
henceforth shall be
rt absolutely owned by Smt.
Vandana Goswami plaintiff-respondent. The
remaining portion of the building as per the aforesaid
will shall be exclusively owned and possessed by the
defendant-appellant. The respondent being exclusive
owner, henceforth shall be entitled to deal with the
tenant who is at present occupying the first floor and
realize the rent from the said tenant. The parties
agree that the aforesaid building which is subject
matter of the suit stand partitioned between the
parties and both the parties shall not interfere with
the peaceful possession of either of the parties in any
manner in future. However, the parties have agreed
that in case of any unforeseen calamity, if there is
necessity of carrying out renovations, extensive
repairs of the building in question both the parties
shall have right of lateral and horizontal support
without objection from each other. The parties shall
maintain their respective portion fallen to their
respective share so that no damage is caused to the
building. Both the parties as per the agreement, shall
not interfere in the passage to their respective
portions in any manner or cause any obstruction and
hindrance in any manner. Defendant-appellant has
.
paid a sum of Rs. 35 lacs to the plaintiff-respondent
as full and final settlement of her claims. The
defendant-appellant has handed over Bank Draft
No.052308 dated 13.11.2023 drawn on The South
Indian Bank Limited , Shimla in the sum of
of
Rs.8,50,000/-. to plaintiff-respondent receipt of which
she acknowledges. The balance amount of Rs.
26,50,000/- through RTGS. Plaintiff-respondent after
rt
having receipt in full and final settlement of claim she
will not have any right to claim anything from
defendant-appellant.
In view of the statements of the parties
appropriate decree may be passed for partition the
property by modifying a decree of the trial Court.
Parties shall bear their own cost.
Since the matter stands amicably settled
between the parties. Statements of the parties
recorded today alongwith record of the mediation file
may be placed before the Hon'ble Court for passing
appropriate orders."
3. The statements of the parties have also been
recorded by the learned Mediator to this effect.
4. Learned Counsel for the parties submit that this
appeal be disposed of by ordering that the judgment and
decree, subject matter of the present appeal, shall stand
modified in terms of the compromise entered into between the
parties and that the parties now shall be bound by the
compromise and shall abide by the same.
.
5. The appellant as well as the respondent, are
present in the Court in person. Through Counsel, they have
informed the Court that the matter stands settled between
them before the learned Mediator, out of their free will and
of
volition and not under any coercion or duress. They pray that
interest of justice would be served, in case, the appeal is
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disposed of by ordering that the parties shall henceforth be
governed by the compromise.
6. Having heard learned Counsel for the parties and
having perused the proceedings conducted by the learned
Mediator, as prayed for, this appeal is disposed of in terms of
the compromise entered into between the parties. The
proceedings of the learned Mediator dated 21.11.2023 and
statements of the parties recorded by learned Mediator, shall
form part of the record as well as the compromise decree. It
goes without saying that the parties are now bound to act in
accordance with the said compromise. It is further ordered
that the judgment and decree under challenge stands
modified in terms of the compromise entered into between the
parties.
7. In the event of either of the parties approaching
the Municipal/Revenue Authorities for making necessary
.
corrections in the revenue record, in terms of the compromise
entered into between them, the Authorities shall do the
needful forthwith.
The appeal stands disposed of in above terms, so
of
also pending miscellaneous application(s), if any. Decree
sheet be prepared accordingly.
rt (Ajay Mohan Goel)
Judge
November 30, 2023
(narender)
