Vikramjeet Marwaha (Dead) through LRs. v. Yashbir Singh
2019-09-21
ALOK KUMAR VERMA
body2019
DigiLaw.ai
JUDGMENT : Alok Kumar Verma, J. 1. Heard Mr. Rakesh Thapliyal, learned Senior Advocate with Mr. Lalit Sharma, learned counsel for the appellants and Mr. Gopal K. Verma, learned counsel for the respondent. 2. Mr. Yashbir Singh-respondent filed a suit bearing O.S. No. 699 of 2005 against Mr. Vikramjeet Marwaha (Now dead) for perpetual injunction. A counter claim was filed in the said suit. The learned Trial Court, by a Judgment and Decree dated 08.05.2009, decreed the suit and dismissed the counter claim. 3. The First Appeal No. 80 of 2009 is filed against the said judgment and decree dated 08.05.2009 for perpetual injunction along with the First Appeal No. 81 of 2009, which has been filed against dismissal of the counter claim. 4. Both these appeals are filed against the common judgment and decree, so both the appeals are consolidated for their analogous disposal. The First Appeal No. 80 of 2009 will be leading file. 5. Mr. Swapan Kumar Marwaha, appellant No. 1/1, Mr. Sunil Kumar Marwaha, appellant No. 1/2, the legal representatives of the deceased appellant and Smt. Poonam Chauhan, wife of Mr. Yashbir Singh, respondent herein, are present. Respondent-Yashbir Singh is represented by Smt. Poonam Chauhan through his General Power of Attorney dated 23.04.2002. Ms. Neena Ghai, appellant-No. 1/3, legal representative of the deceased appellant, is present through her learned counsel Mr. Lalit Sharma, who has filed his vakalatnama on her behalf in the Court today. 6. Both the parties submit that they have settled their disputes by arriving at compromise. Both the parties request to accept the Compromise Deed, which is filed through Misc. Application No. 12157 of 2019 in F.A. No. 80 of 2009 and its copy through Misc. Application No. 12156 of 2019 in F.A. No. 81 of 2009. 7. Both the parties submit that the respondent/plaintiff had raised a claim on the property Khasra No. 13, Old No. 20 Min. area 0.250 hect. situated at Mauja Kaulagarh, Chai Bagh, Lane No. 4, Rajendra Nagar, Dehradun, by instituting a suit for permanent injunction bearing O.S. No. 699 of 2005 in the court of Civil Judge (Sr. Div.) Dehradun and the same was instituted by the respondent/plaintiff on the strength of one Will dated 04.11.1992 of Smt. Mansa Devi and a power of attorney dated 23.04.2002.
Div.) Dehradun and the same was instituted by the respondent/plaintiff on the strength of one Will dated 04.11.1992 of Smt. Mansa Devi and a power of attorney dated 23.04.2002. The respondent-plaintiff also raised a claim of injunction by way of title over the land in question in the said suit. 8. The appellants submit that their father, the deceased defendant, had opposed the suit and sought counter claim with regard to the property purchased through sale deed dated 07.10.1978 from its recorded owner Maharani Durga Kumari W/o Maharaja Rajendra Prakash and Uday Prakash S/o Maharaja Rajendra Prakash, pertaining to old Khasra No. 20 (M), New Khasra No. 34 (Ka) Ad-measuring 0.48 acres in Khata No. 136, over which the names of the appellants and the transferee of appellants are duly recorded in the Revenue Records. 9. Both the parties submit that the good sense had prevailed to close down long pending litigation and as such the present compromise deed is being filed out of free consent, after understanding and accepting the Compromise as Compromise, without any undue influence, misrepresentation, coercion, duress and fraud. 10. Both the parties submit that the respondent admits the ownership and actual physical possession of the appellants on the disputed property, who had constructed the boundary walls, watchman room, having electricity and water connection over the same. 11. The respondent has no objection the boundaries of the land of the appellants, bounded as, in East there is a passage/road known as Lane No. 4, thereafter residential house of Mr. R.C. Gupta, in West there exists a passage/road known as Lane No. 6, thereafter residential house of Mr. R.L. Vohra and Mr. Bhalla, in North there exists a small park with Government installed water pump, in South there exists a passage/road known as Lane No. 8-A and thereafter big Park of Rajendra Nagar Colony. 12. Both the parties further submit that they would seek permission from the Hon'ble Courts to withdraw all the civil and criminal litigations pending between both the parties as mentioned in paragraph No. 11 of the Compromise Deed. 13. Mr. Swapan Kumar Marwaha, appellant No. 1/1, Mr. Sunil Kumar Marwaha, appellant No. 1/2 and Smt. Poonam Chauhan, power of attorney holder of respondent-Yashbir Singh, have signed on the Compromise Deed at the bar today. Mr. Lalit Sharma, learned counsel for Ms.
13. Mr. Swapan Kumar Marwaha, appellant No. 1/1, Mr. Sunil Kumar Marwaha, appellant No. 1/2 and Smt. Poonam Chauhan, power of attorney holder of respondent-Yashbir Singh, have signed on the Compromise Deed at the bar today. Mr. Lalit Sharma, learned counsel for Ms. Neena Ghai, appellant No. 1/3, has also signed the Compromise Deed on behalf of Ms. Neena Ghai, appellant No. 1/3. 14. Both the parties have reached to an amicable settlement. Both the parties submit that they have arrived at the settlement with their free consent, after understanding and accepting the Compromise as Compromise and without any undue influence, misrepresentation, coercion, duress and fraud. 15. Therefore, the compromise arrived at between the parties is accepted. The First Appeal No. 80 of 2009 and the First Appeal No. 81 of 2009 are disposed of in terms of the Compromise. The Compromise Deed will be part of the decree. 16. Let a copy of this order be placed on the file of the First Appeal No. 81 of 2009.