Vinay Jain And Anr vs Deputy Commissioner Panipat And ...
2022 Latest Caselaw 6919 P&H

127    IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                              CWP-14904-2022
                              Date of decision : July 14, 2022

Vinay Jain and another                                    Petitioners

                               Versus

Deputy Commissioner, Panipat and others                  Respondents

CORAM : HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:- Mr. Arun Kumar Singal, Advocate for the petitioner.

RAJ MOHAN SINGH J. (ORAL)

Petitioner has preferred this writ petition for the

issuance of an appropriate writ in the nature of mandamus,

directing respondent No.3 to register the order/judgment

dated 12.12.2020 passed by the Civil Judge (Jr. Divn.),

Panipat/ National Lok Adalat in case No.23 of 2020, titled as

"Vinay Jain and another vs Ashok Kumar and others",

per the provisions of Registration Act, 1908.

A perusal of the record would show that a

simpliciter suit for declaration was filed by the petitioners

against their collaterals. The said suit was compromised and

an order dated 12.12.2020 was passed, thereby obligating the

parties to the suit to be bound by the compromise. Evidently,

simpliciter suit for declaration is not maintainable. Now the

1 of 2

petitioners seek to get it registered in the record of right. In a

way order/decree passed on the basis of the compromise in a

simpliciter suit for declaration, is sought to be made part of

public record, which in my considered opinion cannot be

granted under the writ jurisdiction.

Dismissed.

(RAJ MOHAN SINGH) JUDGE July 14, 2022 sarita Whether speaking / reasoned Yes / No Whether Reportable: Yes / No

2 of 2