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2022 DIGILAW 736 (HP)

Bangalu Ram v. Shyam Lal

2022-11-22

SATYEN VAIDYA

body2022
JUDGMENT : (Satyen Vaidya, J.) By way of CMP No. 15924 of 2022, appellant/applicant has placed on record a copy of compromise deed executed between him and respondent Sh. Shyam Lal on 10.10.2022 and has prayed for disposal of the appeal in terms of said compromise. 2. Respondent Sh. Shyam Lal is beneficiary of a decree of specific performance passed by learned Civil Judge (Sr. Division), Bilaspur, Distt. Bilaspur, H.P. in Civil Suit No. 80/1 of 2009. Sh. Bangalu Ram, appellant having remained unsuccessful in first appeal before learned District Judge against aforesaid decree of specific performance, has approached this Court by way of instant appeal. 3. Parties are present in the Court today. Their statements have been recorded separately. Appellant and respondent have accepted the terms of compromise deed, Annexure A-1, as correct. It is stated by Sh. Shyam Lal that he has received Rs. 8,30,000/- from the appellant Sh. Bangalu Ram and therefore, he has given up all his claims arising out of agreement dated 12.08.2008 and consequent decree of specific performance passed by learned Civil Judge (Sr. Division), Bilaspur, Distt. Bilaspur, H.P. in Civil Suit No. 80/1 of 2009. Sh. Bangalu Ram has endorsed the statement made by Sh. Shyam Lal as correct. Both the parties have prayed that instant appeal be decided in terms of the compromise. 4. The terms of the compromise are lawful. Since respondent Sh. Shyam Lal has received an amount of Rs. 8,30,000/- from the appellant Sh. Bangalu Ram, he has given up all his claims arising out of agreement dated 12.08.2008 and decree dated 25.06.2016, passed by learned Civil Judge (Sr. Division), Bilaspur, Distt. Bilaspur, H.P. 5. Accordingly, the instant appeal is disposed of. The judgment and decree dated 28.02.2017, passed by learned Additional Distt. Judge, Ghumarwin, Distt. Bilaspur, (Camp at Bilaspur), H.P. in Civil Appeal No. 43-13 of 2016 and judgment and decree dated 25.06.2016, passed by learned Civil Judge (Sr. Division), Bilaspur, Distt. Bilaspur, H.P. in Civil Suit No. 80/1 of 2009, are set aside, in view of the compromise arrived at between the parties. 6. Decree sheet be prepared accordingly. 7. The terms of compromise, Annexure A-1 alongwith CMP No. 15924 of 2022 shall form part of the decree sheet.