Uttarakhand High Court
Unknown vs Dharamveer And on 15 December, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
15th DECEMBER, 2021
SECOND APPEAL No.135 of 2007
Between:
Mohammad. Shafi (Deceased) through his legal
representatives. ...Appellants
and
Dharamveer and Others. ...Respondents
Counsel for the Appellants : Mr. Arvind Kumar Sharma,
learned counsel.
Counsel for the Respondents : Mr. Nagesh Aggarwal, learned
counsel.
Hon'ble Alok Kumar Verma,J.
This Second Appeal has been filed against the
judgment and decree dated 06.08.2007, passed by the learned
Additional District Judge, Roorkee, District Haridwar in Civil
Appeal No.4 of 1996, "Mohammad Shafi vs. Dharamveer and
Others" and, the judgment and decree dated 14.02.1996,
passed by the learned Civil Judge (Junior Division), Roorkee,
District Haridwar in Original Suit No.224 of 1989, "Mohammad
Shafi vs. Dharamveer and Others".
2. The Original Suit No.224 of 1989 "Mohammad Shafi
vs. Dharamveer and Others" was filed for recovery of
Rs.25,000/- with interest. The said original suit was dismissed
by the impugned judgment dated 14.02.1996. Against the said
judgment and decree dated 14.02.1996, the Civil Appeal No.4
of 1996, "Mohammad Shafi vs. Dharamveer and Others", was
filed. The learned Additional District Judge, Roorkee, District
Haridwar dismissed the said appeal by the impugned order
dated 06.08.2007. Aggrieved by the judgment and decree
passed by the learned First Appellate Court, the
appellant/plaintiff has filed the present Second Appeal before
this Court.
3. Today, Mohd. Tehsin, the appellant no.1/1 and Mr.
Dharamveer, respondent no.1, are present in-person before
this Court. Mohd. Tehsin, the appellant no.1/1 and, the
Dharamveer, the respondent no.1, are identified by their
respective counsels.
4. Heard Mr. Arvind Kumar Sharma, the learned
counsel for the appellants and Mr. Nagesh Aggarwal, the
learned counsel for the respondents.
5. During the arguments, Mohd. Tehsin, the appellant
no.1/1, and Mr. Dharamveer, respondent no.1, submitted that
they resolved their present dispute regarding Rs.25,000/- and
now, both the parties are agree that Mr. Dharamveer,
respondent no.1, shall pay Rs. 15,000/- to the appellant
no.1/1 Mohd. Tehsin, who is representing all the appellants,
namely, appellant nos. 1/2 to 1/6, the sons of the original
appellant/plaintiff Mohammad Shafi.
6. Both the parties are agree that the respondent no.1
shall pay Rs.15,000/- to the appellant no.1/1 Mohd. Tehsin, till
the end of the month of February, 2022.
7. Both the parties submitted that they are agree on
the said amount with their free will and without any pressure.
8. On the request of both the parties and in the light of
the said agreement between the parties, this Second Appeal is
disposed of accordingly.
9. The registry is directed to prepare a decree in
accordance with this judgment.
___________________
ALOK KUMAR VERMA, J.
Dt: 15th December, 2021
Neha
