The High Court at Shimla disposed of a regular second appeal where both parties appeared in person, endorsed a written compromise, and agreed to settle the dispute regarding property transfer and possession.
Set aside the judgment of the District Judge and pass a decree in terms of the compromise between the parties.
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 AT SHIMLA
ON THE 4th DAY OF AUGUST, 2022
BEFORE
HON’BLE MR. JUSTICE VIVEK SINGH THAKUR
REGULAR SECOND APEPAL No. 541 OF 2007
Between:-
JAI SINGH SON OF LATE SHRI RAM SINGH, VILLAGE PAWAR, P.O. SALANA VIA SHOGHI, TEHSIL AND DISTRICT SHIMLA (HP)-173219. …DEFENDANT-APPELLANT
JAI SINGH VERMA PRESENT IN PERSON. (BY SH. AJEET PAL SINGH JASWAL, ADVCATE, VICE SH.JANESH GUPTA, ADVOCATE.)
AND
KALAWATI WIFE OF LATE SHRI RAM SINGH, VILLAGE PAWAR, P.O. SALANA VIA SHOGHI, TEHSIL AND DISTRICT SHIMLA (HP)-173219. …PLAINTIFF-RESPONDENT
RAJ KUMAR SHARMA, POA OF RESPONDENT PRESENT IN PERSON. (BY SH. VISHAL PANWAR, ADVOCATE.)
Whether approved for reporting?
This petition coming on for presence of parties this day, the Court delivered the following:
J U D G M E N T
Respondent has filed an application CMP No.9918 of 2022 under Order 23 Rule 3 CPC for passing a compromise decree in terms of compromise dated 4.4.2022 arrived at between the parties. 2. Learned counsel for the appellant, under instructions of appellant Jai Singh, who is present in person in the Court, endorsing the
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compromise has communicated no objection for deciding the appeal in terms of compromise.
“I am son-in-law of Kalawati. Harsh Lata, Swarn Lata and Nirmala are daughters of Kalawati. I am husband of Harsh Lata. Kalawati, Harsh Lata and Swarn Lata have executed General Power of Attorney in my favour on 14.2.2005. Nirmala has also executed General Power of Attorney in my favour on the same date separately. Under instructions of all four, I have entered into compromise on behalf of them with Jai Singh. Compromise has been reduced into writing and has been placed on record alongwith CMP No. 9918 of 2022. I endorse my signatures thereon. It was signed by me as well as Jai Singh in presence of witnesses. Compromise was executed before Notary Public, who has attested it.
As per compromise, land measuring 00-02-22 hectares comprised in Khasra No. 720/1 and 721, situated in Village Pawar, Tehsil and District Shimla, H.P. has been transferred to Jai Singh Verma, appellant herein, on 4.4.2022 by executing a registered deed and Jai Singh Verma has handed over possession of three rooms in ground floor of house situated in land measuring 00-02-47 hectares, comprised in Khasra no. 722, situated in Village Pawar, Tehsil and District Shimla, H.P. and Jai Singh has also agreed to close and dispose of Regular Second Appeal No. 541 of 2007, i.e. present appeal, in terms of compromise.
I have entered into compromise and deposing in this Court out of my free will, consent and also without any external pressure, coercion or threat of any kind.”
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“I am appellant in present appeal. I have entered into compromise with Raj Kumar Sharma, General Power of Attorney holder of respondent Kalawati, Harsh Lata, Swaran Lata and Nirmala. Compromise has been reduced into writing and has been placed on record alongwith CMP No. 9918 of 2022. I endorse my signatures thereon. It was signed by me as well as Raj Kumar in presence of witnesses. Compromise was executed before Notary Public, who has attested it.
As per compromise land measuring 00-02-22 hectares comprised in Khasra No. 720/1 and 721, situated in Village Pawar, Tehsil and District Shimla, H.P. has been transferred to me on 4.4.2022 by executing a registered deed in my favour and I have handed over possession of three rooms in ground floor of house situated in land measuring 00-02-47 hectares, comprised in Khasra no. 722, situated in Village Pawar, Tehsil and District Shimla, H.P. to respondent and I have also agreed to close and dispose of Regular Second Appeal No. 541 of 2007, i.e. present appeal, in terms of compromise.
I have entered into compromise and deposing in this Court out of my free will, consent and also without any external pressure, coercion or threat of any kind.”
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pending applications.
Decree sheet in terms of compromise be drawn accordingly.
(Vivek Singh Thakur), 4th August, 2022 Judge. (Keshav)
1 issue framed by the court
Whether to approve a compromise between the appellant and respondent to close the appeal.
Jai Singh
Kalawati
Vivek Singh Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
