Research › Search › Judgment

Himachal Pradesh High Court · body

2019 DIGILAW 1996 (HP)

Rita Sarna v. Vishal Behl

2019-12-21

AJAY MOHAN GOEL

body2019
JUDGMENT Ajay Mohan Goel, J. - By way of Civil Suit No.105 of 2018, plaintiff had prayed for the following reliefs:- "i) That a decree be passed for possession of accommodation in question as detailed in the plaint/ Hotel Mehman, situated upon area as entered against khAta No.103, khatauni No.153, khasra Nos. 1835, 1836 and 1837, kita-3, measuring 246.10 sq.metres, at UpMohal, Ridge, Tehsil and District Shimla, alongwith all fixtures, fittings etc. as fully explained in the plaint. ii) That a decree be passed for recovery of Rs.63,00,610/- on account of use and occupation charges alongwith interest @ 18% per annum. iii) that the defendant may be held liable to pay use and occupation charges with respect to accommodation in his occupation at least @ Rs.6.00 lac per month for the period commencing from 01.09.2018 till further orders and he may be ordered not to carry on business activities and run this Hotel" By way of Counter Claim No.41 of 2019, defendant/ counter claimant prayed for the following relief:- "It is therefore, respectfully prayed that this counter claim of the counter claimant may very kindly be decreed in favour of the counter claimant and against the non-counter claimant and a decree for recovery of Rs.61,20,140/- be passed in favour of the counter claimant and further pendente lite and future interest @ 9% per annum may also be granted till its actual payment". 2. During the pendency of the suit, the matter was referred to the mediation of Mr. N.K. Sood, learned Senior Counsel, who was requested to make an endeavour to explore the possibility of the matter being amicably settled between the parties. It is heartening to note that on account of the endeavour so made by the learned Mediator as well as the parties, the matter has been amicably settled between them, as per the terms of the settlement which are contained in the proceedings of the learned Mediator dated 18.12.2019, which bear the signatures of the plaintiff, defendant as well as learned counsel representing them as also learned Mediator. Statements of the plaintiff and defendant to this effect stand recorded in the Court, whereby they have undertaken to abide by the terms as have been settled between them and they have been apprised of the consequences of non adherence thereto. 3. Statements of the plaintiff and defendant to this effect stand recorded in the Court, whereby they have undertaken to abide by the terms as have been settled between them and they have been apprised of the consequences of non adherence thereto. 3. Accordingly, as prayed for, present suit is decreed in terms of the settlement so arrived at between the parties. It is further ordered that the proceedings of mediation as well as terms of settlement entered into between the parties shall form part of the record and terms of the settlement shall form part of the decree too. Registry to prepare a decree sheet in-consonance with the terms of the settlement. 4. Civil Suit No.105 of 2018, alongwith the Counter Claim No.41 of 2019 stand disposed of in above terms. Court fee be refunded in accordance with rules in the Civil Suit as well as Counter Claim. Pending miscellaneous applications if any, also stand dismissed.