Disposed

Kanshi Ram (Deceased through Lrs) Anil Kumar v. Sukh Dev Sharma

Himachal Pradesh HC6 Sept 2017RSA/165/2017

Case brief

AI extract

What is this about?

The second appeal filed by appellants was disposed of based on a compromise settlement. The appellant agreed to pay Rs. 1,25,000 to the respondent in full and final satisfaction of the decree, with payment due by December 6, 2017.

What did the court decide?

The appeal was disposed of based on the compromise; appellant to pay Rs. 1,25,000 as full and final satisfaction.

Kanshi Ram (Deceased through Lrs) Anil Kumar… — Service and Employment | Himachal Pradesh HC (2017)

¶1

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

¶2

RSA No. 165 of 2017 Decided on: 06.09.2017

¶3

Kansi Ram (deceased)	through LRs. Anil Kumar & Ors. Versus	…Appellants
Sukh Dev Sharma		...Respondent

¶4

Coram

¶5

The Hon’ble Mr.Justice Tarlok Singh Chauhan, Judge.

¶6

Whether approved for reporting? No.

¶7

For the appellants:	Mr. Anil Kumar - Appellant No. 1 with Ms. Soma Thakur, Advocate.
For the respondent:	Mr. Sukh Dev - Respondent with Mr.
	Bhuvnesh Sharma and Mr. Ramakant
	Sharma, Advocates.

¶8

Justice Tarlok Singh Chauhan, Judge (Oral)

¶9

Looking to the nature of the order I propose to pass, it is not necessary to delve into the facts in detail. Suffice it to say that the plaintiff/respondent filed a suit for recovery of 2,00,000/- (Rupees two lacs) on account of malicious prosecution and the same was partly decreed and the plaintiff/respondent was entitled to1,00,000/(Rupees one lac) alongwith interest at the rate of 9% per annum from the date of institution till realization of the entire amount.

¶10

The appellants/defendants filed an appeal before the first appellate Court, however, the same was dismissed vide judgment and decree dated 26.12.2016. It is against the judgments and decrees rendered by the learned Courts below that the defendants/appellants have filed the instant regular second appeal.

¶11

¶12

3. However, during the course of the appeal, the parties have

¶13

entered into compromise, which reads thus:-

¶14

“Compromise Deed

¶15

We, Anil Kumar son of late Shri Kanshi Ram appellant No. 1/defendant resident of village Bhakera, P.O. Sulkhan, Tehsil Bhoranj, District Hamirpur, H.P. And Sukhdev Sharma s/o Shri Marchu Ram, resident of House No. 82, Ward No. 10, M.C. Hamirpur, District Hamirpur, H.P., have voluntarily amicably settled the matter pending in RSA No. 165/2017 before the Hon’ble High Court of H.P. as under:-

¶16

That the RSA is pending before the Hon’ble High Court of Himachal Pradesh against the judgment and decree dated 26.12.2016 passed by the Ld. Additional District Judge, Hamirpur in Civil Appeal No. 14/13 RBT No. 36/2013 affirming the judgment and decree dated 30.11.2012 passed by the Ld. Civil Judge (Sr. Div.) Hamirpur in CS No. 60/2005 RBT 121/2012, whereby a decree of `1,00,000/- with interest @ 9% from the date of institution of the suit i.e. 15.03.2005 has been passed in favour of the respondent/plaintiff and against the appellants/defendants.

¶17

That the matter has been amicably settled between the parties before the Hon’ble High Court, whereby the appellant No. 1 has agreed to pay lump sum amount of Rs.1,25,000/- (Rupees One Lac Twenty Five Thousand) in total. The respondent/plaintiff has also agreed to receive the same as full and final amount, towards satisfaction of the decree passed by the Ld. Courts below and nothing more is left to be recovered.

¶18

That it is agreed between the parties that the aforesaid amount will be paid by the appellant No. 1 on or before 6^th December, 2017 positively either by depositing the same in the bank account 11500110024539 UCO Bank, Hamirpur, District Hamirpur, H.P. of the respondent/plaintiff or before this Hon’ble Court.

¶19

That both the parties have mutually agreed with their free consent and without any coercion or influence to amicably settle the matter and have accordingly voluntarily agreed to seek the disposal of the RSA pending before the Hon’ble High Court of Himachal Pradesh.

¶20

Signed at Shimla on this 6^th day of September, 2017.”

¶21

¶22

In view of the compromise arrived at between the parties,

¶23

the appeal is accordingly disposed of on the basis of the compromise, which shall form part and parcel of the decree.

¶24

Needless to say, in the event of non-compliance of the compromise, the respondent shall be at liberty to execute the

¶25

judgment and decree so passed by this Court today.

¶26

(Tarlok Singh Chauhan), Judge.

¶27

September 6, 2017 sanjeev

Kanshi Ram (Deceased through Lrs) Anil Kumar v. Sukh Dev Sharma

Case brief

What is this about?

What did the court decide?

Kanshi Ram (Deceased through Lrs) Anil Kumar v. Sukh Dev Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Union of India Vs Ram Swarup

Chaman Lal Vs State

Yadvinder Singh and Orthers Vs State of Hp

Roop Chand Vs State

Durga Ram Vs State

Parma Nand Vs State