SA/142/2007
2021 Latest Caselaw 3138 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
       ON THE 17TH DAY OF AUGUST, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


          SECOND APPEAL No. 142 of 2007

BETWEEN:

Kailash Chand.                            ..........Appellant

AND:
Sri Ved Prakash & others.                 ....Respondents
                             with
          SECOND APPEAL No. 143 of 2007

BETWEEN:

Kailash Chand.                            ..........Appellant

AND:
Sri Gyan Singh & others.                  ....Respondents
     (By Mr. Bhupesh Kandpal, Advocate for the appellant and
     Mr. R.P. Nautiyal, Senior Advocate, assisted by Mr.
     Mahavir Kohli and Mr. Prashant Khanna, Advocate for the
     respondents)

                      JUDGMENT

Since common questions of fact and law are involved in these Appeals, therefore these Appeals are clubbed together and are being heard & decided together. However, for the sake of convenience, facts of Second Appeal No. 142 of 2007 are being considered.

2. Learned counsel for the appellant submits that, during the pendency of these Appeals, parties have

amicably settled the dispute and a compromise deed has already been executed, which is brought on record alongwith Misc. Application No. 11326 of 2021 filed in Second Appeal No. 142 of 2007.

3. Mr. Kailash Chand (appellant) as well as Mr. Rajendra Singh (respondent no. 4) are present in Court today, who are duly identified by their respective counsels. Mr. Kailash Chand (appellant) made a statement that he has entered into a compromise with the respondents and, pursuant to the compromise, he has also received a sum of ` 15,00,000/- from Mr. Rajendra Singh (respondent no. 4). Mr. Rajendra Singh made a statement that a sum of ` 15,00,000/- was paid to the appellant through RTGS from his savings bank account in State Bank of India. Counter Foil of the money transfer through RTGS has also been brought on record as Annexure No. 2 to the affidavit filed alongwith Misc. Application (I.A. No. 11325 of 2021) filed in Second Appeal No. 142 of 2007.

4. Mr. R.P. Nautiyal, Senior Advocate assisted by Mr. Mahavir Kohli, Advocate for the respondents also supports the submission made by Mr. Bhupesh Kandpal, Advocate for the appellant and submits that he has personal information about the compromise made between the parties.

5. In such view of the matter, the Appeals are disposed of in terms of compromise entered between the parties.

6. Interim order, if any, stands vacated.

(MANOJ KUMAR TIWARI, J.) Arpan