Research › Search › Judgment

Himachal Pradesh High Court · body

2016 DIGILAW 1080 (HP)

Yashpal Ranta v. Shiv Singh Chauhan

2016-06-17

P.S.RANA

body2016
Order : P.S. Rana, J. Learned Advocate appearing on behalf of parties submitted before Court that full and final settlement executed inter se parties and present CMPMO No. 165 of 2015 and civil suit No. 11-1 of 2010 title Shri Shiv Singh vs. Shri Yash Pal Ranta and civil appeal No. 108-S/6 of 2014 title Shri Yash Pal Ranta vs. Shri Shiv Singh Chauhan be disposed of finally as per compromise executed inter se parties. Separate statements of parties recorded and placed on record. Court is satisfied that lawful compromise executed inter se parties. Judgment and decree passed in civil suit No. 11-1 of 2010 title Shri Shiv Singh vs. Shri Yash Pal decided on 23.5.2012 by learned Civil Judge (Senior Division) Court No.1 Rohru District Shimla modified to the extent that amount of recovery of Rs.664000/- (Rupees six lac sixty four thousand) along with interest at the rate of 6% from the date of order granted by learned Trial Court reduced to Rs.504000/- (Rupees five lac four thousand) without interest. Shri Yash Pal Ranta has paid amount to the tune of Rs.379000/- (Rupees three lac seventy nine thousand) to Shri Shiv Singh Chauhan in Court today by way of cash and Shri Shiv Singh Chauhan will be entitled to withdraw amount of Rs.125000/- (Rupees one lac twenty five thousand) from the Court of learned Judicial Magistrate Court No. II Rohru where amount is lying deposited in criminal case No. 7-3 of 2010/08 title Shri Shiv Singh vs. Shri Yash Pal Ranta decided on 4.7.2011. The final settlement amount of Rs.504000/- (Rupees five lacs four thousand) will be deemed to be final consolidated settlement in civil suit No. 11-1 of 2010 and criminal case No. 7-3 of 2010/08. Statements of parties recorded will form part and parcel of order. Parties are left to bear their own costs. Execution petition pending before learned Civil Judge (Senior Division) Court No.1 Rohru will be withdrawn by decree holder as fully satisfied. CMPMO No. 165 of 2015 and civil suit No. 11-1 of 2010 and civil appeal No. 108-S/6 of 2014 are disposed of finally. Files of learned Trial Court and learned first Appellate Court be sent back forthwith along with certified copy of order. All pending miscellaneous applications if any also stands disposed of.