Appellants withdrew CMP(M) No.163 of 2023 as unnecessary. A joint application under Order XXIII Rule 1(3) CPC recorded a mediation-settled compromise between appellants and respondent; court accepted it and disposed of the pending appeal.
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IN THE HIGH COURT OF HIMACHAL PRADESHAT SHIMLA
CMP(M) No.163 of 2023 in RSA No.4042 of 2013 a/w CMP No.2686 of 2023 in RSA No.4042 of 2013 and CMP No.10925 of 2024 Decided on: 06th September, 2024 __________________________________________________________ Soma Devi through LRs & Ors. ...Appellants Versus Promod Kumar …Respondent Coram Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting? No For appellants: Mr. G.R. Palsra, Advocate. For respondent: Mr. V.B. Verma, Advocate.
Ranjan Sharma, Judge (Oral)
CMP(M) No.163 of 2023
Learned counsel for the appellants/ applicants submits that due to subsequent developments, he does not intend to pursue the aforesaid application and he may be permitted to withdraw the same.
The prayer so made is not opposed by the
1 Whether reporters of Local Papers may be allowed to see the judgment?
respondent/non-applicant also.
In view of this, application stands
dismissed, as withdrawn.
CMP No.10925 of 2024
This is an application under Order XXIII Rule 1(3) read with Section 151 of CPC, filed, jointly, by the appellants/applicant including their legal heirs as well as respondent/non-applicant herein.
2. A perusal of the application reveals that during the pendency of the aforesaid appeal, the parties have offered themselves for amicable settlement by way of mediation and the aforesaid mediation was undertaken on 23.05.2024.
3. Notably, on 28.05.2024, the parties to the
instant appeal have appeared before this Court and deposed that they have compromised the matter and in view of the compromise arrived at between the parties,
the instant appeal may be disposed of. Notably, the aforesaid compromise, arrived at between the parties is based on the mediation undertaken by the Learned Mediator. The statements recorded before the Learned Mediator and the report of the Learned Mediator along
with the statements made before this Court on 28.05.2024, affirms that the parties have amicably decided to withdraw the instant appeal, in view of the aforesaid compromise.
4. The report of the Learned Mediator and the statements recorded before Learned Mediator including the statements recorded before this Court on 28.05.2024 and the terms of the compromise reduced in the instant application i.e. CMP No.10925 of 2024 shall form part of the case records and shall be binding between the parties for all intends and purposes.
In view of the compromise so arrived at between the parties, the instant application including the appeal, shall stand disposed of.
(Ranjan Sharma) Judge
September 06, 2024 (Chiranjeev)
1 issue framed by the court
Whether appeal RSA No.4042/2013 could be withdrawn and disposed of based on the parties' mediation-based compromise?
1 provisions across 1 enactments
Soma Devi through LRs & Ors.
Promod Kumar
Ranjan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
