Himachal Pradesh High Court
Shailender Kumar vs Bhoomi Singh on 30 May, 2025
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
( 2025:HHC:16996 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
RSA No.480 of 2017 & CMP No.11954 of 2025
Decided on: 30th May, 2025
Shailender Kumar
.......Appellant
Versus
Bhoomi Singh ...Respondent
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting?1 No.
For the appellant: Mr. Neeraj Gupta, Senior
Advocate with Mr.Ajeet Pal
Singh Jaswal, Advocate.
For the respondent: Mr. Rajesh Mandhotra,
Advocate.
Tarlok Singh Chauhan, Judge (Oral)
It is jointly represented by the learned counsel for the
parties that the parties have amicably settled their disputes in the
following terms:-
(a) That the parties admit that they are recorded as co-
sharers and in possession of land entered in Khata No.
measuring 00-88-31 hectares as per Jamabandi for the
year 1997-1998 at Up Mohal Macleodganj tehsil
Dharamsala District Kangra (H.P.). It is also admitted
by the parties that there are other co-sharers having
their share in the aforesaid land.
(b) The parties to this compromise agree that though the
parties are in settled possession of their share of
property including other co-sharers yet, on account of
dispute between the parties as regards area to be held
1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
( 2025:HHC:16996 )
and subject matter of present appeal pending
adjudication before this Hon'ble Court and is also a
subject matter of Partition proceedings pending
adjudication before the Financial Commissioner
(Appeals), H.P. at Shimla.
c) That the parties agree that the present appeal has
arisen out of suit instituted by respondent-applicant
seeking decree of injunction claiming the land to be joint
between the parties and thus had prayed for decree of
permanent prohibitory injunction restraining appellant-
applicant from digging, cutting trees, changing the
nature and raising any type of construction over the
land comprised in Khata No.194 Khatauni No.353
Khasra No.1933/1613 measuring 0-88-31 hectares.
d) That the aforesaid land was subject matter of partition
proceedings which proceedings are now pending
adjudication in the Court of Financial Commissioner
(Appeals) Himachal Pradesh at Shimla under Revenue
Revision No.262 of 2024. Such proceedings have arisen
on account of passing of Order dated 17.01.2024 by
Collector Sub Division Dharamshala, District Kangra
(HP) in Case No.50 of 2012, dismissing the appeal filed
by appellant-applicant and upholding Order of Partition
passed by Assistant Collector First Grade
Dharamshala, District Kangra (HP) in Case No.47/10.
e) That apart from the aforesaid two proceedings
respondent-applicant has instituted application under
Order 21 Rule 32 of the Code of Civil Procedure alleging
willful disobedience by appellant-applicant to the
judgment and decree passed by the two Courts below
for permanent prohibitory injunction. The parties agree
and admit that there are the aforesaid three
proceedings amongst them which are pending
adjudication.
f) That the parties have mutually agreed that the
aforesaid three proceedings would be governed by the
present compromise being arrived at between the
parties and they intend to settle the entire dispute
amongst them by way of present compromise.
(g) That the parties agree that in partition proceedings
Mode of Partition was prepared on 3.5.2012 in Case No.
47 of 2010 by Assistant Collector First Grade
( 2025:HHC:16996 )
Dharamshala, District Kangra (HP). In such
proceedings, Amended Order of Partition was passed
on 4.11.2011. In terms of the said Order an Amended
Tatima had been prepared in terms of the Order of
Assistant Collector First Grade Dharamshala, District
Kangra (HP). Copy the Tatima is annexed herewith as
Annexure C-2. The authenticity - and genuineness of the
same is not disputed by the parties
(h) That respondent-applicant agrees that the portion depicted
meters in length and 2 meters in width which has come
to his share in partition shall be exchanged with
appellant-applicant from Khasra No. 1933/1613/21
located towards Khasra No. 1933/1613/22 belonging
to Smt. Sudarshana @Sulakshana. Respondent-
applicant thus foregoes his right, title and interest in
respect of portion of land described under Khasra
No.1933/1613/20, which shall hence forth be owned,
possessed and held by appellant-applicant without any
hinderance or objection of respondent-applicant. Such
portion is shown in amended Tatima Annexure C-2
within color "red".
(i) It is further agreed between the parties that the area
which would come to respondent-applicant upon
exchange, as above i.e. in Khasra No. 1933/1613/21, a
separate Khasra No. of the same would be
given/assigned the revenue agency at the time of
implementation of this compromise in the record of
rights. Such area upon description with a separate
Khara No. shall be held, possessed, owned exclusively
by respondent-applicant. It is further agreed and
undertaken by respondent-applicant that out of total
area of 17 meters x 2 meters, he shall carve out a
path/passage from one end of the plot to the other end,
description of which would be 17 meters x 1.5 meters
for self-use and at his Tatima Annexure C-2 within color
"blue". Appellant-applicant shall not be liable to pay any
amount of money for construction or maintenance of
such passage. Respondent-applicant has also agreed to
construct a drain on one side of such passage and
within the area of such passage to the extent of 0.5
meters width all through the 17 meters in length at his
own costs and expense. Appellant-applicant shall not be
liable to pay any amount of money for construction or
maintenance of such drain.
( 2025:HHC:16996 )
j) Respondent-applicant agrees and undertakes that the
rest of the area i.e. 0.5 meters would be left vacant,
which would be utilized by respondent-applicant as "set
back" area of the proposed building to be constructed by
respondent-applicant over Khasra No. 1933/1613/21.
Respondent-applicant has undertaken not to cover up
the said area or to prevent appellant-applicant from
utilizing such area as a set-back area by appellant-
applicant. Such portion is shown in amended Tatima
Annexure C-2 within color "orange".
(k) That appellant-applicant has agreed and undertaken that
over the aforesaid 0.5 meters area proposed to be used
as a set back area, he shall carve out/make/construct
a drain at his own costs. Respondent-applicant shall
not be liable to pay any amount of money for
construction or maintenance of drain over such area.
The said drain is for the use and benefit of appellant-
applicant as the same is abutting the boundary of the
plot owned by appellant-applicant.
1) That the parties agree that as per the Tatima Annexure
C-2 Khasra No. 1933/1613/19 measures 00-02-30
hectares which has fallen to the share of appellant-
applicant in partition over which a guest house has
been constructed by appellant-applicant. However, the
area used by appellant-applicant for raising such
construction at spot is actually 00-03-00 hectares. The
excess area covered appellant-applicant in this Khasra
No. shall be retained by him and in lieu thereof
appellant-applicant shall surrender equivalent area
from the land purchased by appellant-applicant from
the share of Smt. Shanta Devi.
(m) That the parties agree that in terms of the compromise,
appellant-applicant shall be recorded as absolute owner
in possession of the entire parcel of land comprised
entered in Khasra No.1933/1613/19, 1933/1613/20,
1933/1613/21 and 1933/1613/1 (part) and as has
been highlighted within color "green" in the Tatima
Annexure C-2. The said area would thus become a
contiguous portion at spot. It is further agreed by
respondent-applicant that whatever area falls
underneath the constructed portion of the guest house,
respondent-applicant shall have no claim over it, which
shall belong to appellant-applicant in all respects. It is
( 2025:HHC:16996 )
clarified for the sake of description that it is agreed
between the parties that remaining portion of Khasra
No. 1933/1613/1 which is depicted in colour "pink"
shall be owned, possessed and held by respondent-
applicant. Appellant-applicant shall have no right in
respect of this portion.
(n) In furtherance of the aforesaid undertaking given by
respondent-applicant, the parties have jointly prepared
a spot map which depicts and reflects the areas to be
recorded under absolute ownership of appellant-
applicant, which have been depicted in colour "red"
between points A, B, C, D, E & F in the spot map
attached herewith. The constructed portion of the
building of appellant-applicant is within such area and
is depicted in colour "green" which shall also continue to
be owned and possessed by appellant-applicant
without any fetter, obstruction and hindrance by
respondent-applicant in any manner whatsoever. The
portion of passage as described under Clause (i) above
is shown in colour "blue" in the Map and the passage as
described under Clause (j) above, is shown in colour
"orange" in the Map, which is annexed herewith as
Annexure C-3. The authenticity and genuineness of the
same is not disputed by the parties.
o) That the parties thus have agreed to get the compromise
recorded to enable the present proceedings to be
disposed of on the basis of the compromise and for
passing of Order in Revenue Revision No.262 of 2024
and for closure of proceedings under Order 21 Rule 32
of the Code of Civil Procedure.
(p) That respondent-applicant has agreed to withdraw and
not to press the allegations made against appellant-
applicant as have been raised in proceedings filed by
him under Order 21 Rule 32 of the Code of Civil
Procedure. The said petition shall be withdrawn
unconditionally after recording of present compromise.
That the parties undertake to abide by the terms of the
decree and parties are at liberty to get the compromise
enforced through court of law including this Hon'ble
Court and in case there is any violation thereof, the
same shall be construed to be a breach of undertaking
to the Hon'ble Court which may invite filing of contempt
proceedings in this Hon'ble Court upon making of
application by either of the parties.
( 2025:HHC:16996 )
(r) That the parties have agreed that upon acceptance of
the present settlement and disposal the present appeal
on the basis of compromise, they shall make an
appropriate application to the Revenue Agency for
getting the compromise implemented i.e. for reflection of
the ownership and possession of the aforesaid parcel of
land between them by way of the present compromise.
(s) That the parties represent to each other that with the
present compromise recorded, all their disputes shall be
over and nothing shall remain to be adjudicated.
t) That the parties hereby agree, undertake and represent
to each other that in case any complaint has been made
by them against each other in respect of construction
raised by appeal-applicant over the suit property, to any
Authority in Court or with any Department, or by
appellant-applicant against respondent-applicant, the
same shall not be pressed rather an endeavor shall be
made to withdraw the Either party would be at liberty
to inform the Authorities about the compromise and
either party shall be at liberty to make an application, if
need so arises, to this Hon'ble Court seeking direction to
such Authorities for closing the proceedings, if any,
initiated against each other.
(u) That respondent-applicant has no objection in case; on
the basis of present compromise a representation is
made by appellant-applicant to the Financial
Commissioner (Appeals) Himachal Pradesh in ongoing
Revenue Revision to pray for closing of such
proceedings on the basis of present compromise. It is
further mutually agreed between the parties that each
or both of them shall be at liberty to get the present
compromise implemented in the partition proceedings
pending adjudication before the revenue agency."
2. Accordingly, the appeal is disposed of in terms of the
compromise entered into between the parties. The parties shall
make appropriate application to the revenue agency for getting the
compromise decree implemented i.e. for reflection of the ownership
( 2025:HHC:16996 )
and possession of the land involved in the instant lis between them.
In the event of such application being preferred within four weeks
from today, the concerned revenue agency would ensure that the
terms of the compromise as recorded in this judgment is given
effect within a period of six weeks thereafter. The documents
accompanying the application i.e. Annexure C-1, C-2 and C-3 shall
form part of the decree sheet.
3. Pending applications, if any, also stand disposed of.
List for compliance on 18.08.2025.
May 30, 2025 ( Tarlok Singh Chauhan )
(naveen) Judge
