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2013 DIGILAW 60 (HP)

Nathi Devi v. Daulat Ram

2013-01-09

DHARAM CHAND CHAUDHARY

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JUDGMENT Dharam Chand Chaudhary, Judge. (Oral): OMP No.7/2013 The present is an application filed jointly by the parties to suit, with the prayer to record compromise annexed to this Application as Annexure CA, arrived at between the parties during the course of mediation having taken place before Shri N.K. Sood, Senior Advocate, learned Mediator and pass a decree in terms of the compromise. The application is signed by the parties on both sides and also supported by their affidavits. The same is allowed and the deed of compromise Annexure CA alongwith Annexures C1 and C2 is ordered to be taken on record. The application stands accordingly disposed of. Civil Suit No.125/2011 Plaintiff has approached this Court by filing the present suit for declaration to the effect that she is joint owner in possession of suit land measuring 2-10-0 Bighas, bearing Khasra No.1957, entered in Khata-Khatouni N.64/961 (Khewat No.722, Khatauni No.1020 as per Jamabandi for the year 2008-09, Annexure C-1 to the compromise deed) , situated at Phati Bahl, Kothi Maharaja, Tehsil and District Kullu, H.P., as per entries in the jamabandi for the year 2003-04 and the Will dated 5.9.2003 in favour of defendants No. 1 to 4 is allegedly forged and fictitious and Mutation No. 5856 dated 10.1.2007 attested on the basis thereof has also been sought to be declared as null and void. The suit presently is at the stage of settlement of issues. It is at that stage, this Court noted in its order passed on 4th December, 2012 that the parties being closely related to each other and in view of the nature of dispute in the present suit, the same is required to be fixed for conciliation. Accordingly, a direction was issued to the parties to attend this court in person. On the next date, after trying conciliation, this Court deemed it proper to refer the same to Mediator for amicable settlement. The efforts in right direction made by Shri N.K. Sood, Learned Mediator, bore fruits, as the parties agreed to sit together and patch up all the difference and also to resolve the controversy amicably. This Court places on record its appreciation to the efforts so made by the learned Mediator as it is the result thereof that the parties have arrived at compromise which is now Mark CA on record. This Court places on record its appreciation to the efforts so made by the learned Mediator as it is the result thereof that the parties have arrived at compromise which is now Mark CA on record. In the deed of compromise, the plaintiff, defendant No.3 and defendant No.4 are the First Party of compromise deed; whereas defendants No.1, 2 and 5 are the Second Party. The subject matter of dispute is the suit land entered in Khata-Khatauni No.722/1020, Khasra No. 957, measuring 2 Bighas 10 Biswas, as per jamabandi (Annexure C1 to the compromise deed) for the year 2008-09 of Mouja Maharaja Phati Balh, Hadbast No.34/79, Tehsil and District Kullu. The first party has admitted the sanctity and correctness of the Will executed by their common ancestor Shri Kalu Ram and acknowledges that they are only entitled to 2 Biswas of land each out of land aforesaid. The 2nd Party has agreed for recording the 1st Party as owner in possession of the suit land, measuring 0-6 Biswas, denoted by Khasra No.1957/1 in the Jamabandi Annexure C2 to the deed of compromise, which includes 2 Biswas each of defendants No. 3 and 4 and one house standing thereon. The 2nd Party has further agreed to hand over the possession of aforesaid 6 Biswas land to the 1st Party. Smt. Nathi Devi, the plaintiff, has foregone her rights as claimed in the suit in respect of remaining property denoted by Khasra No.1957/2, as shown in Tatima C2, measuring 2 Bighas 4 Biswas, including structures thereon. She has further agreed not to encumber or create charge of any nature over her share out of 6 Biswas of land and the house standing thereon, the possession whereof has been handed over to her and defendants No.3 and 4 pursuant to deed of compromise. Both the parties agree to abide by the terms and conditions in the compromise deed Mark CA. In view of above, a compromise decree is passed in the civil suit on the basis of deed of compromise Mark CA, which shall from part of this decree. The Court fee be refunded to the plaintiff as per rules. The suit is accordingly disposed of in the aforesaid terms. Pending application(s), if any, shall also stand disposed of.