The suit for specific performance of an agreement to sell land and for permanent injunction was disposed of upon recording a compromise between the parties in court, with the order to abide by terms and conditions of the compromise.
Suit disposed of as compromised; original document returned to plaintiffs subject to certified copy on records.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Civil Suit No. 1 of 2008.
Decided on 8th December, 2011 .
..…Plaintiffs.
Versus
All residents of 81, The Mall, Shimla-171001.
…..Defendants.
Suit for specific performance of agreement dated 28th June, 2006 for the sale of land comprised in khewat No.32 min/51-52 denoted by khasra No.1528, measuring 86.80 sq. meters, khasra No.1531, measuring 529.31 sq. meters and khasra No. 1529 measuring 47.88 sq. meters, gairmumkin house Kachha one storey, kita 3 total area 580 sq. meters situated at up-mohal Ridge Tehsil and district Shimla recorded in ownership and possession of defendants as per jamabandi for the year 2001-2002 dated 8.1.2008 and for permanent prohibitory injunction restraining the defendants from encumbering, alienating, transferring and disposing the aforesaid land to any person except the plaintiffs.
Coram
The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No.
For the Plaintiffs : Mr. B.S. Chauhan, Advocate.
For the Defendants : Mr. Arvind Sharma, Advocate.
V.K. Sharma, J. (Oral)
C.S. No. 1 of 2008 and CMP No. 487 of 2011.
Amended memo of parties stands filed. The case
is at the stage of evidence in rebuttal. However, OMP No. 487
1 Whether reporters of the local papers may be allowed to see the judgment? No.
2
of 2011 has been jointly moved on behalf of the parties, under Order 22, Rule 3 read with Section 151, CPC with a prayer for recording the compromise entered into between the parties, which is taken on record as Ex. C-1. Statements at the bar made by the learned counsel for the parties go to support the compromise between them.
(V.K.Sharma.) Judge.
8th December, 2011. (jai)
2 issues framed by the court
Whether the suit for specific performance and permanent injunction should be disposed of based on an amicable settlement between parties.
Whether the original document is to be returned to plaintiffs subject to certified copy on records.
Vijay Kumar Bhan
Diwakar Dutt Kamal
Ramesh
Suresh
Parvin
Saroj
V.K. Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
