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2014 DIGILAW 38 (HP)

Dinesh Kumar Sood v. Shibbi Devi

2014-01-06

DHARAM CHAND CHAUDHARY

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Judgment : Dharam Chand Chaudhary, J (oral). CMP No. 354 of 2014. For the reasons stated in this application, which is supported by the affidavit s of appellant s and that of respondent s, the same is allowed. The parties are permitted to compromise the dispute in terms of the conditions detailed in para 2 of this application. The application stands accordingly disposed of. RFA No. 61 of 2010. 2. The subject matter of dispute in the present lis is land entered in Khewat No.49, Khatauni No.101 and 102, Khasra No. 686, 687, 701, 716, 717, 718 and 719, Kita 7 measuring 0-92-52 hectares. The suit for declaration and permanent prohibitory injunction filed by the appellant-plaintiff in respect of the land in question has been dismissed by learned Civil Judge (Senior Division), Theog, vide judgment and decree dated 25th November, 2009 under challenge in the present appeal. The appeal after its admission is at the stage of final hearing. The parties, however, in an outside Court settlement , have settled the dispute amicably. The terms and conditions, of the amicable settlement so arrived at , find mentioned in para 2 of Ex.C-1, the application under Order 23 Rule 3 CPC filed for recording compromise between the parties. The application Ex.C-1 is signed by the parties i.e. appellant s-plaintiffs and respondents-defendants. The same is supported by their respective affidavits. In terms of the settlement so arrived at, the respondents-defendants have agreed to abandon their title/ownership right s in the suit land entered in Khewat No.49, Khatauni No.101 and 102, Khasra No. 686, 687, 701, 716, 717,718 and 719, Kita 7 measuring 0-92-52 hectares and in lieu thereof they have already received Rs.12,00,000/-(rupees twelve lakhs) through various demand drafts of different dates. Nothing, therefore, is left to be adjudicated upon in this appeal on merits and the same as such is disposed of in the light of the settlement so arrived at between the parties. Consequently, the appellants-plaintiffs are declared owners-in-possession of the suit land entered in Khewat No.49, Khatauni No.101 and 102, Khasra No. 686, 687, 701, 716, 717, 718 and 719, Kita 7 measuring 0-92-52 hectares. The application under Order 23 Rule 3 CPC Ex.C-1 shall form part of the decree. Decree sheet be prepared accordingly. 3. The appeal stands disposed of accordingly. Pending application(s), if any, shall also stand disposed of. No order so as to costs.