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2019 DIGILAW 41 (HP)

Raminder Pal Singh v. Sharmila Kumari

2019-01-04

VIVEK SINGH THAKUR

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JUDGMENT : VIVEK SINGH THAKUR, J. 1. The present appeal has been filed against the judgment and decree dated 28.3.2017 passed by learned Additional District Judge (I), Shimla in Civil suit No. 4-S/1 of 2014/13, whereby the suit filed by the respondent has been decreed. 2. During pendency of the instant appeal before this Court, the appellant/defendant as well as respondent/plaintiff personally appeared before this Court. 3. As per statements of parties, rendered on oath by them, the matter stands compromised. 4. The appellant/defendant/judgment debtor in his statement has stated as under: “I am the appellant/defendant in the present case and decree of Rs.19 lacs along with interest at the rate of 14% per month from the date of execution of agreement to sell till realization of entire decreetal amount has been passed. So far as, Rs.19 lacs is concerned, I have deposited the said amount in the Registry of this Court on 19.12.2018 and today, after having dialogue with the respondent/plaintiff, the matter has been settled amicably and as per compromise, I have agreed to pay Rs.19 lacs along with interest at the rate of 14% per annum instead of interest at the rate of 14% per month from the date of execution of agreement to sell till 31.3.2019 against the amount to be paid by me to the respondent. I have agreed for release of Rs.19 lacs deposited by me in the Registry of this Court in favour of respondent/plaintiff as a part payment henceforth and remaining amount, which I owe to pay to the respondent as per compromise shall be paid by me on or before 31st August, 2019 and till then the respondent/plaintiff has agreed to keep the further proceedings in Execution Petition, filed by her, pending in the trial/Executing Court and also to release the properties situated at Dhalli comprised in Khata No. 313, Khatauni No. 506, Khasra No. 1242/4 measuring 188.60 Sq. metres and in Khasra No. 1503, 1504, 1505 measuring 84.72 sq. metres and in Khasra No. 1503, 1504, 1505 measuring 84.72 sq. metres situated at Mohal Dhalli-II, Tehsil and District Shimla from the attachment, whereas property situated in Lakkar Bazar as Shop No. 25 (double storey), comprised in Khasra No. 166, Shimla shall remain to be attached, but shall not be sold till 31st August, 2019 and in case of payment of entire amount on or before 31st August, 2019, the same shall also be released from the attachment and Execution Petition shall be disposed as satisfied. In the event of default, I shall be liable for civil consequences thereof including to pay Rs.19 lacs plus interest at the rate of 14% per annum from the date of agreement to sell till final payment after making the adjustment of amount, already released/paid to the respondent/plaintiff, as per law. The payment of remaining amount shall be made either transferring the amount in the account bearing No. 31453259550/IFSC Code SBIN0011885, State Bank of India, Chopal, District Shimla of respondent/plaintiff or depositing in the Registry of this Court, but with prior intimation to me personally as well as through counsel. Court fee affixed by me also be ordered to be refunded to me as per law, as the matter has been settled amicably as compromised. I have compromised the matter and also I am making this statement with my free consent and will and also without any threat, coercion or pressure etc.” 5. Respondent/Plaintiff, vide her separate statement rendered on oath, has also endorsed the statement of the appellant/defendant and has stated as under:- “I have heard statement of applicant/defendant. I endorse the same to be true. I have entered into the compromise as explained by him. I also agree to the terms and conditions stated in his statement. I have compromised the matter and also I am making this statement with my free consent and will and also without any threat, coercion or pressure etc. The amount of Rs.19 lacs which stands deposited in the Registry of this Court may be released to me by remitting the same in my bank account No. 31453259550/IFSC Code SBIN0011885, State Bank of India, Chopal, District Shimla.” 6. In view of statements of contesting parties, present appeal is permitted to be compromised in terms of statements made by parties. 7. In view of statements of contesting parties, present appeal is permitted to be compromised in terms of statements made by parties. 7. In case of payment of entire amount, as agreed, on or before 31.08.2019, by appellant/judgment debtor to the respondent/decree holder then appellant/JD shall have to pay Rs.19 lacs along with interest at the rate of 14% per annum instead of interest at the rate of 14% per month from the date of execution of ‘agreement to sell’, till 31.3.2019 against the amount to be paid by him to the respondent/DH. 8. In the event of default in making such payment, the appellant/defendant shall be liable for civil consequences thereof including to pay Rs.19 lacs plus interest at the rate of 14% per annum from the date of agreement to sell till final payment after making the adjustment of amount, already released/paid to the respondent/plaintiff, as per law. 9. In the meanwhile, as agreed properties belonging to appellant/JD situated at Dhalli comprised in Khata No. 313, Khatauni No. 506, Khasra No. 1242/4 measuring 188.60 Sq. metres and in Khasra No. 1503, 1504, 1505 measuring 84.72 sq. metres situated at Mohal DhalliII, Tehsil and District Shimla shall be released from the attachment by the Executing Court, whereas property of appellant/JD situated in Lakkar Bazar as Shop No. 25 (double storey), comprised in Khasra No. 166, Shimla shall remain attached, but shall not be sold till 31st August, 2019 and the same shall also be released from the attachment on payment of entire amount on or before 31st August, 2019 and thereafter Execution Petition preferred by respondent No.1/decree holder shall be disposed by the Executing Court as satisfied in accordance with law. 10. Registry is directed to release the amount of Rs.19 lacs in favour of respondent No.1/decree holder which stands deposited by appellant/JD in the Registry of this Court, by remitting the same in bank account of respondent No.1/plaintiff/decree holder, particulars whereof have been furnished in her statement. 11. The appeal as well as original suit is disposed of as compromised in terms of conditions elaborated in statements made by parties and observations of this Court hereinabove and judgment and decree passed by the Court below is modified accordingly and statements/observations recorded hereinabove shall also be part of decree. Registry is directed to prepare the decree sheet accordingly. 12. The appeal as well as original suit is disposed of as compromised in terms of conditions elaborated in statements made by parties and observations of this Court hereinabove and judgment and decree passed by the Court below is modified accordingly and statements/observations recorded hereinabove shall also be part of decree. Registry is directed to prepare the decree sheet accordingly. 12. As the appeal stands disposed of as compromised, Court fee, permissible in accordance with law, be refunded to the appellant/defendant. All pending miscellaneous applications also stand disposed of as such.