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2013 DIGILAW 162 (HP)

Kamla Devi v. Deep Ram

2013-03-05

DEV DARSHAN SUD

body2013
JUDGMENT Dev Darshan Sud, J. Statements of Shri Ved Prakash (appellant No.9), Shri Subhash Chand (respondent No.2) and Shri Des Raj alias Kiru (respondent No.3) have been recorded in this Court on 18.10.2011. They have accepted the terms of compromise Ex. C-1 as annexed with CMP No. 744 of 2011. In these circumstances, this application is allowed. With respect to share of respondent No.1 Shri Deep Ram (since deceased) who is now represented by his legal representatives, namely, Smt. Halli Devi alias Kamla Devi and Shri Shiv Charan, learned counsel appearing for the appellants on instructions received from appellant No.9 Shri Ved Prakash submits that they will be given the share in the suit land for the reason that the other respondents have already compromised. Learned counsel appearing for the legal representatives of respondent No.1 on instructions received from them states that this statement is acceptable to his clients in case share of deceased Shri Deep (respondent No.1) is given to Smt. Halli Devi alias Kamla Devi and Shri Shiv Charan as also the decree of the two Courts below is modified to the extent that out of the suit land, measuring 0-33-61 hectares, 1/3rd share is given to the legal representatives of the first respondent. Appeal be disposed of in these terms. RSA No. 368 of 2004-D. 2. This appeal is taken up for final hearing today. The matter stands compromised between the parties i.e. appellants and respondents No.2 and 3. CMP No. 744 of 2011 has been filed by these parties jointly. Ex. C-1 is the copy of the compromise entered into between them. This appeal is disposed of with this direction that compromise shall form part of the record and the suit of the plaintiff is decreed in terms of the compromise. It is also directed as under taken by the appellants that 1/3rd share in the suit land measuring 0-33-61 hectares will be given to the first respondent who is now represented by his legal representatives, namely, Smt. Halli Devi alias Kamla Devi and Shiv Charan. Decree sheet be drawn accordingly. 3. All pending miscellaneous applications also stand disposed of.