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2015 DIGILAW 1687 (HP)

Khem Chand v. Jiwa Nand

2015-11-18

P.S.RANA

body2015
JUDGMENT : P.S. Rana, J. Compromise order under Order XXIII Rule 3 C.P.C Heard. Record perused. Learned Advocate appearing on behalf of the parties submitted that compromise Ex. PA has been executed inter se the parties and present Civil Revision No. 49 of 2015 and Civil Suit No. 132-1 of 2013 titled Khem Chand and others vs. Jeeva Nand and others be disposed of in view of compromise Ex. PA. In view of above stated facts present civil revision and civil Suit No. 132-1 of 2013 are disposed of on following terms and conditions: “(A) That suit property comprised in khewat No. 19 khatauni No. 28 khasra Nos. 186, 188, 189, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209 and 210, kitta 23, measuring 3499 -26, situated in Muhal Khalini, Tehsil Shimla, H.P., will be partitioned by Competent Revenue Officer Assistant Collector 1st Grade strictly in accordance with law as per H.P. Land Revenue Act within a period of three months with effect from today. (B) That revisionists and non-revisionists will not raise any type of construction upon the vacant portion of the suit land till suit land is not finally partitioned in accordance with H.P. Land Revenue Act by the competent authority of law. (C) That terms and conditions of compromise Ex. PA placed on record shall be binding upon revisionists and non revisionists in accordance with law and compromise Ex. PA will form part and parcel of order subject to legal rights of other co-owners who are not impleaded as party. (D) That legal rights of other co-owners who are not impleaded as co-parties will not be effected in any manner over suit property. (E) That as per request of learned Advocates appearing on behalf of revisionists and no revisionists while exercising inherent powers under Section 151 CPC in the ends of justice Civil Suit No. 132-1 of 2013 titled Khem Chand s/o Dhanna Ram and others vs. Jeeva Nand s/o Dhanna Ram also disposed of accordingly. 2. Compromise decree is passed accordingly in the ends of justice under Order XXIII Rule 2 Civil Procedure Code while exercising inherent powers under Section 151 CPC in the ends of justice. No order as to costs. Registrar (Judicial) is directed to prepare compromise decree sheet strictly in accordance with law forthwith under Order XXIII Rule 3 CPC. 3. 2. Compromise decree is passed accordingly in the ends of justice under Order XXIII Rule 2 Civil Procedure Code while exercising inherent powers under Section 151 CPC in the ends of justice. No order as to costs. Registrar (Judicial) is directed to prepare compromise decree sheet strictly in accordance with law forthwith under Order XXIII Rule 3 CPC. 3. In view of above stated facts Civil Suit No. 132-1 of 2013 and Civil Revision No. 49 of 2015 are disposed of in the ends of justice. Pending applications if any also disposed of. No order as to costs. File of learned trial court along with certified copy of compromise order and compromise decree sheet prepared under Order XXIII Rule 3 Code of Civil Procedure 1908 be transmitted forthwith.