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Judgment
17 paragraphs · 835 wordsJyotsna Rewal Dua, J
During hearing of the case, a joint application moved by the parties under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure was presented, which has been taken on record. In this application registered as CMP No.6388/2022, it has been submitted that the parties have amicably settled the matter in terms of mediation report dated 8.12.2021, terms of settlement dated 8.12.2021/9.12.2021, mediation report dated 4.1.2022, terms of settlement dated 4.1.2022, mediation report dated 28.03.2022 and report dated 1.1.2022 of Naib Tehsildar Dadasiba, Kangra, in compliance of directions of the learned Mediator. It would be appropriate to extract the averments made in the application.
“1. That the applicant/ appellant has filed the above mentioned appeal which is pending adjudication before this Hon'ble Court.
That during the pendency of the present appeal the parties had been trying to explore the possibility of compromise. This Hon'ble Court vide order dated 8.11.2021 had referred the parties to learned mediator for mediation and accordingly mediation proceedings were held.
That the parties have now amicably settled the matter and the terms of the compromise have been recorded by the learned mediator in the mediation proceedings held before him and accordingly the learned mediator has submitted his mediation report dated 8.12.2021, terms of settlement dated 8.12.2021/ 9.12.2021, mediation report dated 4.1.2022, terms of settlement dated 4.1.2022 and mediation report dated 28.3.2022. In addition the report dated 1.1.2022 submitted by the Naib Tehsildar Dadasiba, Kangra in compliance of directions of the learned Mediator also forms part of the mediation proceedings.
That it is submitted that the parties have settled the matter in terms of mediation report dated 8.12.2021, terms of settlement dated 8.12.2021/9.12.2021, mediation report dated 4.1.2022, terms of settlement dated 4.1.2022, mediation report dated 28.3.2022 and report dated 1.1.2022 submitted by the Naib Tehsildar Dadasiba, Kangra in compliance of directions of the learned Mediator.
That the applicants/parties to the compromise agree to abide by the terms of the compromise. Further, the applicants/parties to the compromise have no objection in the implementation of the terms of the compromise as entered into between the learned Mediator. The applicants/parties to the compromise further declare that this compromise shall be binding on the legal heirs/successors of the parties to the Compromise. The parties will not interfere with the rights of each other created by virtue of this Compromise.
That since a lawful compromise has been arrived at between the applicants/parties to the compromise on the aforesaid terms, the terms of the compromise may kindly be ordered to be recorded and present appeal may kindly be decreed in view of the compromise as per the terms of the compromise.
It is, therefore, respectfully prayed that this application may kindly be allowed and the compromise arrived at between the applicants/parties to the compromise may kindly be recorded and the present appeal may kindly be decreed in view of the compromise as per the terms of the compromise. Further, the present application under Order 23 Rule 3 of the Code of Civil Procedure, 1908 along with the, mediation report dated 8.12.2021," terms of settlement dated 8.12.2021/9.12.2021, Mediation report dated 4.1.2022, terms of settlement dated 4.1.2022, mediation report dated 28.3.2022 and report dated 1.1.2022 submitted by the Naib Tehsildar Dadasiba, Kangra may kindly be made part of the decree.
Any other order or direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may also be passed in the interest of justice.
Shimla
Dated 25.05.2022
S/d S/d
Appellant Respondent
Through Counsel Through Counsel”
Learned counsel for the parties have jointly prayed that the instant appeal be allowed and disposed of in terms of the above compromise and settlement arrived at between the parties. CMP No. 6388/2022 is allowed and disposed of. In view of amicable settlement between the parties as mentioned in the application, this appeal is allowed. The judgment and decree dated 27.08.2019 passed by the learned Additional District Judge(II) Kangra at Dharamshala, H.P titled Alka Rani Vs Amar Nath in Civil Appeal No.1-G/2005 as well as the judgment and decree passed by the learned Civil Judge (Senior Division) Dehra, District Kangra, in Civil Suit No.30/2010 dated 09.12.2014 titled Amar Nath Vs. Alka Rani are set aside.
The suit filed by the appellant is decreed in terms of the compromise and settlement arrived at between the parties as stated in CMP No.6388/2022. Said application alongwith mediation report dated 8.12.2021, terms of settlement dated 8.12.2021/9.12.2021, mediation report dated 4.1.2022, terms of settlement dated 4.1.2022, mediation report dated 28.03.2022 and report dated 1.1.2022 submitted by Naib Tehsildar Dadasiba, Kangra, will form part of the decree. Decree sheet be prepared accordingly. It goes without saying that in terms of mediation report dated 28.03.2022 of the learned Mediator, the amount lying in different banks as recorded in the compromise dated 04.01.2022 shall be disbursed to the parties as per the compromise. Pending miscellaneous applications, if any, also stand disposed of.