Rinchin Lotus And Ors vs Phunchok Tsering & Ors
2021 Latest Caselaw 250 j&K/2

                                                                  Item No.210
                                                                  After Notice

         IN THE HIGH COURT OF JAMMU AND KASHMIR
                               AT SRINAGAR


                                                             RPC No.10/2018
                                                             CM No.610/2020


Rinchin Lotus and Ors                               ...Petitioner(s)
       Through: Mr. S.R.Hussain, Advocate

             V/s
Phunchok Tsering & Ors.                          ...Respondent(s)

      Through: Mr. Sheikh Umar, Advocate

CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                  ORDER

01.03.2021

1. Applicants/Review Petitioners have filed the instant application for

placing on record copy of the Compromise Agreement dated 22nd May, 2019,

executed by the parties and for seeking a direction with regard to recording of

statements of parties in proof of contents of the compromise.

2. I have heard learned counsel for the parties and perused the record.

3. The Review Petitioners herein had filed a suit against the respondents

herein before the Court of Learned Sub Judge, Leh seeking declaration and

partition in respect of land measuring 79 kanals and 4 marlas covered under

khewat no.32 as ownership land and land measuring 23 kanals and 4 marlas

comprising of khewat no.2 as tenancy land situated at village Likir, Leh

Ladakh. In terms of judgment dated 11.10.2008, the suit of the plaintiffs was

dismissed. Aggrieved by the judgment of learned trial court, the plaintiffs

assailed the same in appeal before the Court of Learned District Judge Leh.

Vide judgment/decree dated 26.11.2012, the judgment/decree dated

11.10.2008, passed by learned Sub Judge Leh, was reversed and the suit was

decreed. Against the said judgment a Civil 2nd Appeal came to be filed by

the defendants/respondents herein and the said appeal was allowed by this

Court in terms of judgment dated 29.09.2018. Against the said judgment the

plaintiffs/Review Petitioners have filed the instant review petition. During

the pendency of the review petition, the instant application for placing on

record copy of Compromise Deed dated 22.05.2019 with a direction for

recording the statements of the parties in proof of the contents of the

compromise deed, has been filed.

4. Having regard to the fact that there are as many as 17 persons who have

executed the deed of compromise, it would be not only inconvenient but also

expensive to call all the executants of the compromise agreement before this

Court for recording their statements in proof of the contents of the agreement,

particularly, at a time when they would have to undertake air travel to reach

this Court because of the closure of Srinagar Leh Highway.

5. In view of the above, the District Judge, Leh is appointed as the

Commissioner to examine the executants of compromise deed dated

22.05.2019 touching the contents of the said deed. The fee of the

Commissioner is fixed at Rs.8000/- to be shared equally by the parties. The

applicants shall place on record original compromise deed within a period of

one week from today.

6. The registry shall transmit the xerox copy of the record alongwith copy

of this order to learned District Judge, Leh for taking necessary steps towards

execution of the Commission, whereafter he shall submit his report before the

Court by next date of hearing.

7. The matter be listed for consideration on 19th April, 2021.

(SANJAY DHAR) JUDGE SRINAGAR 01.03.2021 Sarveeda

SARVEEDA NISSAR 2021.03.02 14:27 I attest to the accuracy and integrity of this document