WPMS/2665/2024
2024 Latest Caselaw 1948 UK

Uttarakhand High Court

WPMS/2665/2024 on 30 September, 2024

Author: Pankaj Purohit

Bench: Pankaj Purohit

              Office Notes,
                 reports,
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SL.          proceedings or
      Date                                              COURT'S OR JUDGES'S ORDERS
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                              WPMS No.2665 of 2024
                              Hon'ble Pankaj Purohit, J.

Ms. Prabha Naithani, learned counsel for the petitioner- plaintiff.

2. Mr. Piyush Garg and Mr. Nikhil Singhal, learned counsel for the respondents-defendants.

3. Heard learned counsel for the parties.

4. An Original Suit filed by the petitioner-plaintiff bearing O.S. No.11 of 2011, Dhruv Singh vs. Khushal Singh & another, has been decreed in terms of the compromise entered into between the parties vide judgment and decree dated 24.02.2018.

5. Since the partition suit was decreed, therefore, both the parties came in possession of their respective shares. Subsequently, some dispute arose between the parties, which resulted into the Execution Case No.2 of 2018 and in the said execution, Commissioner's report was called and according to the Commissioner's Report, the execution case was closed saying that the petitioner-plaintiff shall handover the vacant possession of the disputed share to other party vide judgment and order dated 24.02.2018. Petitioner filed a revision petition and the same was also rejected by the Revisional Court vide judgment and order dated 07.09.2024. Now, the petitioner-plaintiff is before this Court by filing the present writ petition.

6. It is contended by learned counsel for the parties that the since the petitioner and the respondents are real brothers, therefore, there are chances of compromise

between the parties with regard to the property in-dispute.

7. In this view of the matter, both the parties are directed to remain present before the High Court, Mediation Centre on 17.10.2024. The mediator shall explore the possibility of amicable settlement of the dispute between the parties.

8. List on 23.10.2024 along with the report of the mediator.

(Pankaj Purohit, J.) 30.09.2024 AK