Lalit Belwal vs Jagjeet Singh Arora
2023 Latest Caselaw 2535 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

               THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                       28th AUGUST, 2023
                  SECOND APPEAL NO.130 OF 2017


Lalit Belwal                                       .....Appellant

                                 Versus

1. Jagjeet Singh Arora
2. Inderjeet Singh Arora                           ......Respondents


                                 And
                  SECOND APPEAL NO.131 OF 2017


Lalit Belwal                                       .....Appellant

                            Versus

1. Jagjeet Singh Arora
2. Inderjeet Singh Arora                           ......Respondents




Counsel for the Appellant    :         Mr. Piyush Garg, Advocate.


Counsel for the Respondents :          Mr. B.D. Kandpal, Advocate.



Hon'ble Alok Kumar Verma,J.

The appellant - plaintiff had filed an Original Suit

(O.S. No.85 of 2006). A counter claim was filed. The said

Original Suit was dismissed. The counter claim was allowed.

Against the said judgment and decree dated 11.02.2014, two

Appeals (Civil Appeal No.09 of 2014) and (Civil Appeal No.14

of 2014) were filed. Both the Civil Appeals have been

dismissed vide judgment dated 18.07.2017, passed by

learned Ist Additional District Judge, Nainital.

2. These two Second Appeals are being considered

and decided by this common judgment. Record of Second

Appeal No.130 of 2017 will be leading file.

3. Substantial questions of law have been framed in

both the Second Appeals.

4. Mr. Lalit Belwal, appellant, is present in-person

through video conferencing.

5. Mr. Jagjeet Singh Arora, respondent no.1, is

present in-person before this Court.

6. Mr. Inder Singh Arora, respondent no.2, is present

in-person through video conferencing.

7. Mr. Piyush Garg, Advocate, for the appellant.

8. Mr. B.D. Kandpal, Advocate, for the respondents.

9. Both the parties are identified by their respective

counsel.

10. Both the parties submit that they have settled their

disputes and after resolving their disputes they have filed a

Compromise Application along with affidavits with their free

will and without any pressure.

11. Both the parties have requested to decide the

present Second Appeals on the basis of the terms and

conditions of the settlement.

12. Both the parties have filed a Compromise

Application along with affidavits with their free will and

without any pressure. Therefore, both the Second Appeals

(SA No.130 of 2017 and SA No.131 of 2017) are decided on

the basis of terms and conditions of the Compromise

Application (IA No.13351 of 2023) dated

24.08.2023/28.08.2023. The judgment and decree dated

18.07.2017, passed by learned Appellate Court and the

judgment and decree dated 11.02.2014, passed by learned

Trial Court stand modified. The said Compromise Application

(IA No.13351 of 2023) dated 24.08.2023/28.08.2023 will be

a part of this judgment.

13. Office to draw a decree accordingly.

14. A copy of this judgment be placed on the record of

SA No.131 of 2017.

___________________ ALOK KUMAR VERMA, J.

Dated 28.08.2023 Pant/