Himachal Pradesh High Court
Rungi Devi & Anr vs Rajesh Gupta on 16 May, 2025
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
( 2025:HHC:14466 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RSA No. 427 of 2019
Date of Decision: 16.05.2025.
Rungi Devi & Anr. ...Appellants
Versus
Rajesh Gupta ...Respondent
Coram
Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the appellant : Mr. Amit Jamwal, Advocate.
For the Respondent : Mr. Jeet Ram Poswal, Advocate.
Vivek Singh Thakur, Judge
The present appeal was preferred by Rungi Devi and
Kamlesh against Rajesh Gupta against the judgment and decree
dated 11.07.2019 passed by Additional District Judge-I, Solan, District
Solan, H.P. in Civil Appeal No.14-S/13 of 2018 titled as "Rungi Devi &
Anr. Vs. Rajesh Gupta" whereby judgment and decree dated
08.03.2018 passed by Civil Judge, Court No.2, Solan, District Solan in
Civil Suit No.478/1 of 2014 titled as "Rajesh Gupta Vs. Rungi Devi &
Anr." has been affirmed whereby plaintiff Rajesh Gupta was held
entitled for decree of mandatory injunction with direction to the
defendants to vacate the suit property.
Whether reporters of Local Papers may be allowed to see the judgment? Yes.
( 2025:HHC:14466 )
2. Appellant No.2 Kamlesh and respondent Rajesh Gupta are
children of appellant No.1 Rungi Devi. Kamlesh is unmarried, Rajesh
Gupta is married to Bina Gupta and the couple has one daughter Turvi
Gupta.
3. During the pendency of the appeal, appellant Rungi Devi
has expired on 26.04.2021. The said fact has not been disputed,
rather affirmed by both the parties and as agreed between the
parties, name of Rungi Devi is ordered to be deleted from the array of
the parties, as her legal heirs (Kamlesh and Rajesh Gupta) are already
on record as a party opposite to each other.
4. During pendency of the appeal, suit property has been
sold by Rajesh Gupta and he has purchased his own flat on The Mall,
Solan, District Solan, H.P. and thereafter parties i.e. Kamlesh and
Rajesh Gupta alongwith family of Rajesh Gupta are residing together
in peaceful, harmonious and congenial atmosphere.
5. In aforesaid facts, Kamlesh and Rajesh Gupta have agreed
to resolve the dispute amicably and have attended the Court, in
person, today. In terms of compromise, Rajesh Gutpa has agreed to
withdraw the suit. With respect to amicable settlement, their
statements, on oath, have been recorded separately, which are
reproduced as under:-
Statement of Rajesh Gupta:
"Appellant Rungi Devi was my mother and appellant
Kamlesh is my real sister. In the facts and
( 2025:HHC:14466 )
circumstances prevailing at the relevant point of
time, I had filed a Civil Suit No.478/1 of 2014 before
Civil Judge, Court No.II, Solan for mandatory
injunction, future damages and mesne profit against
my mother Rungi Devi and sister Kamlesh, which
was decided vide judgment dated 08.03.2018 in my
favour and defendants i.e. my mother and sister had
suffered a decree which was passed in my favour
declaring me entitled to decree of mandatory
injunction with direction to the defendants to vacate
the suit property at Village Oochghat, Teshil &
District Solan, H.P.
Defendants i.e. my mother and sister had
preferred present Civil Appeal No.14-S/13 of 2018
titled as " Rungi Devi & Anr. Vs. Rajesh Gupta"
which was dismissed by Additional District Judge-II,
Solan, District Solan, H.P. on 11.07.2019.
Thereafter, my mother and sister had preferred
present appeal RSA No.427 of 2019. During
pendency of the appeal, interim protection was
granted to the appellants. They continued to stay
with my family in the suit property.
My mother Rungi Devi had expired on
26.04.2021. The suit property was sold by me in the
year 2022 and I purchased a flat on The Mall, Solan,
H.P. and thereafter my family i.e. my wife Bina
Gupta and daugther Turvi Gupta shifted to the said
accommodation.
( 2025:HHC:14466 )
Alongwith my family, my sister Kamlesh also
shifted to the aforesaid accommodation and since
then she is residing with my family.
My sister Kamlesh is unmarried and now she is
residing with my family peacefully and we have
resolved our differences amicably. I have no
objection as on date to continue to support her and
allow her to live with my family in the aforesaid flat
where all of us, including my sister Kamlesh, are
residing in harmonious and congenial atmosphere.
On account of death of my mother Rungi Devi,
appeal with respect to her stands abated.
In the aforesaid facts and circumstances, I
intend to withdraw the suit filed by me and
accordingly pray for that with further prayer to allow
me to withdraw the suit and to set aside the decree
passed in my favour against the defendants, now
which is enforceable against my sister Kamlesh.
I have entered into aforesaid compromise and
deposing in the Court voluntarily out of free will,
consent and also without any kind of threat,
coercion or pressure etc."
Statement of Kamlesh has deposed as under:
"I have heard the statement of my brother
Rajesh Gupta recorded on oath, today in my
presence. I endorse the same to be true and correct
and I accept the same for amicable settlement
between us. We have agreed to live and reside
( 2025:HHC:14466 )
together peacefully, harmoniously in congenial
atmosphere.
I have entered into aforesaid compromise and
deposing in the Court voluntarily out of free will,
consent and also without any kind of threat, coercion
or pressure etc."
6. In view of aforesaid settlement and for the statements recorded
on oath in terms of settlement arrived between the parties, Rajesh Gupta is
permitted to withdraw the Civil Suit No.478/1 of 2014 and judgment and
decree passed in favour of Rajesh Gupta and against Kamlesh is set aside.
Statements of parties shall form part of the decree.
7. Appeal is disposed of in aforesaid terms, so also pending
application(s), if any.
(Vivek Singh Thakur)
Judge
May 16, 2025
(Rupsi)
