FA/52/2018
2023 Latest Caselaw 454 UK

                Office Notes,
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      Date                                        COURT'S OR JUDGES'S ORDERS
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                                  FA No. 52 of 2018
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Prince Chauhan, Advocate, on behalf of Mr. Lokendra Dobhal, Advocate, for the appellant.

                                          Mr.     Piyush   Garg,   Advocate,    for   the
                                  respondents.

Looking to the subsequent development, which had taken place between the parties, as per the terms of settlement, which has been arrived at before the Mediator on 21st February, 2023, which has been duly singed by the parties to the First Appeal, as well as by their respective counsel, this verification would be deemed to be a verification of compromise under Order 23 Rule 3 of the CPC.

Before passing any order, this Court has interacted with the plaintiff/appellant and the defendants/respondents, who are present in person, and had been identified by their respective counsel.

This Court too had interacted with the plaintiff/appellant and the defendants/respondents in person, and have solicited their opinion, as to whether, they are agreeable to the terms of the settlement, which has been arrived at between them before the Mediator on 21st February, 2023.

There has been a consensus on behalf of the plaintiff/appellant and defendants/respondents. They have stated that they are agreeable to the terms and conditions, which they have entered into before the Mediator on 21st February, 2023.

This Court has further posed a question to the parties, in the presence of their Counsel, as to whether, they are agreeable to the Mediator report, that the present First Appeal itself may be decided in terms of the settlement, so that the Registry of this Court may be directed to frame a decree as per the terms of the settlement, which has been arrived at before the Mediator.

The parties have yet again expressed their unanimity in respect to the said proposal.

Owing to the aforesaid, since better sense has prevailed between the parties, and particularly when, it will be bringing an end of an old litigation of 2011, this Court is of the view, that the present First Appeal, which was arising out of the judgment and decree, as rendered by the Court of Additional District Judge Vikasnagar, Dehradun, in Suit No.39 of 20211, Pratap Singh Chauhan Vs. Smt. Rekha and others, wherein, the plaintiff /appellant's suit for the grant of decree of permanent injunction in relation to the property in dispute was dismissed by the judgment and decree dated 20th February, 2018.

All the procedure contemplated under the CPC as provided under Order 41 Rule 31, is not required to be gone into at this stage, because none of the parties to the First Appeal have sought an adjudication of the First Appeal on its own merit by venturing into the finding recorded by the learned Trial Court in the impugned judgment of 20th February, 2018.

In order to cut short the controversy, which now stands admitted by the parties, this First Appeal, would stand decided in terms of the settlement, which has been arrived at between the parties before the Mediator on 21st February, 2023, which was duly signed, verified and accepted by the respective counsel, who have too endorsed the terms of settlement.

The First Appeal would stand decided of in terms of the settlement of 21st February, 2023, and the decree as rendered by the learned Trial Court on 20th February, 2018, would stand modified to the extent of the terms of settlement of 21st February, 2023, which would now constitute as to be a consenting decree and Registry is accordingly directed to formulate a decree in terms of the settlement of 21st February, 2023, which has been arrived at between the parties.

Subject to the aforesaid, the present First Appeal would stand decided in terms of the compromise, which has been entered into between the parties on 21st February, 2023, which will constitute to be a part of the decree as of now.

As soon as the decree is prepared by the Registry, it goes without saying, that the Lower Court's record would be remitted back to be retained by the Trial Court, as per General Rules (Civil).

(Sharad Kumar Sharma, J.) Dated 22.02.2023 Shiv