Ashok Kumar vs State Of H.P And Others

Vivek Singh Thakur, J

The petitioner has preferred the present petition against the order 26.8.2021, passed by Sub Divisional Magistrate, Gagret, District Una, Himachal Pradesh, in Case No.03/Misc/2020/4.

Pending adjudication of the present petition, it was proposed by the learned counsel for the petitioner to make an attempt for amicable settlement, which was not opposed by the learned counsel for respondent No.2 and, therefore, vide order dated 8.10.2021, parties were directed to remain present in the Court today (18.10.2021).

In consequent to order dated 8.10.2021, petitioner Ashok Kumar and respondent No.2 Smt. Satya Devi alongwith Vijay Kumar, another son of Smt. Satya Devi, had attended the Court, however, after knowing that due to abstain of the Bar Members from appearing in the Court on account of sudden demise of Mr. Kartik Bhandari, Advocate, the original counsel would not appear, Vijay Kumar, keeping in view the age and health condition of Smt. Satya Devi, has sent Smt. Satya Devi back to his residence. However, when case was taken up, both brothers (petitioner Ashok Kumar and Vijay Kumar) appeared in the Court in person and had asked Passover of the matter for some time to have a dialogue. Thereafter, on request of both brothers (Ashok Kumar and Vijay Kumar) case has been taken up and it has been informed by them that matter has been amicably settled and as the parties have agreed to close the proceedings pending before SDM Gagret, District Una, Himachal Pradesh, for consent and undertaking of petitioner Ashok Kumar to hand over vacant possession of the premises situated in village Gagret, Tehsil Ghanari, District Una, Himachal Pradesh, on or before 1.5.2022 to his brother Vijay Kumar and mother Smt. Satya Devi (respondent No.2).

Separate statements of Ashok Kumar and Vijay Kumar have been recorded, on oath, and placed on the file.

In his statement, petitioner Ashok Kumar has agreed to hand over possession of the entire house, including the portion which is in his possession, to his brother Vijay Kumar and mother Satya Devi on or before 1.5.2022, as, according to him, by that time construction of his own house on the land purchased by him would be complete. He has further undertaken that in case of failure to complete the construction, he shall vacate the premises in his possession, situated in village Gagret, Tehsil Ghanari, District Una, Himachal Pradesh by 1.5.2022. He has further stated that the compromise is without prejudice to his rights in the joint property.

Vijay Kumar, son of respondent No.2 Smt. Satya Devi, has stated that he is competent and has been authorized by his mother to make statement on her behalf, and has instructions to state that in case the petitioner vacates the premises in his possession, situated in village Gagret, Tehsil Ghanari, District Una, Himachal Pradesh, then his mother (Smt. Satya Devi) is ready to close the proceedings pending before SDM Gagret, District Una, preferred by her for her maintenance from petitioner Ashok Kumar. He has also stated that he has deposed in the Court strictly in consonance with the instructions imparted to him by his mother.

In view of above, present petition is disposed of as compromised, in terms of this order, with direction to petitioner Ashok Kumar to hand over vacant possession of the house in his possession, situated in village Gagret, Tehsil Ghanari, District Una, Himachal Pradesh, to Vijay Kumar with whom respondent No.2 Satya Devi is residing, on or befroe 1.5.2022, as undertaken by him and resultantly proceedings initiated by Smt. Satya Devi, pending before SDM Gagret, District Una, Himachal Pradesh, shall stand closed as compromised, in aforesaid terms, with rider that failure in complying the undertaking, apart from the liability to face proceedings for Contempt of Court and revival of proceedings before SDM Gagret District Una Himachal Pradesh, petitioner shall also be liable to other legal consequences, like for giving false undertaking, disobedience of order and execution of order. The compromise is without prejudice to the rights of the parties in the joint property.

Pending application(s), if any, also stand disposed of.