Geeta Ram (deceased) through LRs Daya Krishan and others Vs Dinesh Kumar Kaushik

During the pendency of the present appeal, Geeta Ram had expired and has been substituted by the present appellants, who have been arrayed as appellants No. 1(a) to 1(c).

¶21

The said appeal has been preferred by the predecessor-in-interest of appellant Geeta Ram, against the judgment and decree, dated 11.5.2006, passed by the Court of learned District Judge, Solan, (hereinafter referred to as ‘the First Appellate Court’), in Civil Appeal No. 90-S/13 of 2005, titled as, ‘Gita Ram versus Dinesh Kumar & others’, as well as, Cross Objections No. 98-S/13/2005, titled as ‘Dinesh Kumar Kaushik & ors. vs. Geeta Ram’.

¶22

Vide judgment and decree dated 11.5.2006, the learned First Appellate Court has dismissed Civil Appeal No. 90-S/13 of 2005, filed by Geeta Ram, against Dinesh Kumar Kaushik and others, whereas, Cross-objections, filed by Dinesh Kumar Kaushik,

¶23

3

¶24

against Geeta Ram, were allowed. The said appeal and Cross-objections were filed against the judgment and decree, dated 6.9.2005, passed by the learned Civil Judge (Sr.Divn.), Kandaghat, District Solan, H.P. (hereinafter referred to as ‘the trial Court’), in Civil Suit No. 19-K/1 of 1995, titled as, ‘Geeta Ram versus Dinesh Kumar Kaushik & others’.

¶25

During pendency of the appeal, by moving CMP No. 21301 of 2024, a prayer has jointly been made by the parties to the lis that entire compromise has been effected between them. In this regard, statements of appellants No. 1(a), 1(b) and learned counsel representing appellant No. 1(c), as well as, respondents No. 1, 2 and 3, have been recorded.

¶26

According to the statements, which have been made by appellants No. 1(a), 1(b), and respondents No. 1 to 3, on oath, and the counsel representing appellant No. 1(c), without oath, the matter has been compromised, between the parties to the lis.

¶27

4

¶28

The respondents have no objection, if the suit

¶29

of the plaintiff is decreed, in terms of compromise Ext. PA. The terms and conditions of the compromise, Ext. PA have been prayed to be as part of the judgment and decree, which is to be passed on the basis of compromise. The application-cumcompromise Ext. PA is duly supported by an affidavit of all the appellants, as well as, respondents.

¶30

Considering the said fact, the judgment and decree, passed by the learned trial Court, as modified by the learned First Appellate Court, is set aside and suit of the plaintiff is ordered to be decreed, in view of the compromise, Ext. PA. The parties shall be bound by the terms and conditions of the compromise, Ext. PA.

¶31