Diveshwari Sood vs Deepak Sood And Anr

Sandeep Sharma, J

By way of instant suit, prayer has been made on behalf of the plaintiff for partition of the land comprising khasra No.384, khewat No. 199 min,

Khatauni No. 438, Mauza Tutu, Tehsil and District Shimla, H.P., alongwith buildings, structures standing thereon by metes and bounds and for specific

possession of the land and structures as may be allotted to the plaintiff on partition proceedings.

Defendant No.1 namely Deepak Sood, has also filed counter claim bearing Counter Claim No. 4 of 2017, seeking therein decree for permanent

perpetual prohibitory injunction in his favour and against the plaintiff and defendant No.2, restraining them from selling, transferring or alienating in any

manner their undivided shares in five storied building built upon land comprised in khewat No. 199 min, khatauni No. 438, Khasra No. 384, mauja Totu,

Tehsil and District Shimla, by further restraining the plaintiff/non-counter claimant from mparting with the possession of any portion of the third floor in

favour of the third party. Besides above, counter claimant also prayed that non-applicant/non-counterclaimant be restrained from selling, transferring

or parting with the possession of land comprised in khasra No. 381, khasra No. 383, khewat No. 199 min khatauni No. 438, mauza Totu, Tehsil and

District Shimla.

Though, written statement as well as replication in the suit and counterclaim stand filed in the suit as well as counter claim, but before issues could

be framed, parties have entered into compromise, whereby they have resolved to settle their dispute amicably inter-se them and as such, have filed

joint application bearing OMP No. 8 of 2021, under Order 23 Rule 3 of CPC, praying therein to decree the suit at hand as compromised in terms of

terms and conditions contained in the application referred herein above.

Averments contained in the aforesaid application as well as terms and conditions contained therein, reveals that property sought to be partitioned by

way of instant suit has been partitioned inter-se parties to the lis by way of a family settlement dated 5.1.2021. In the aforesaid background, prayer

has been made to this court to decree the suit as compromised.

Plaintiff namely Smt. Diveshwari Sood as well as defendants namely Sh. Deepak Sood and Ms. Arti Sood, have come present in the Court. They

state on oath before this Court that they of their own volition and without there being any external pressure have entered into family settlement dated

5.1.2021, whereby they all have agreed to partition their properties, sought to be executed in the instant suit, in terms of terms and conditions contained

in the application referred herein above, which bears their signatures and they identify the same. Their separate statements made on oath are taken on

record and application bearing OMP No.8 of 2021 is ordered to be exhibited as Ext.C1 so that terms and conditions are subsequently made part of the

decree.

Consequently, in view of the, prayer made in the application as well as statements made by the parties to the lis, suit at hand is decreed as

compromised in terms of terms and conditions contained in Ext.C1 and parties undertake before this Court to adhere/abide by all terms and conditions

contained in the compromise and would take necessary steps for execution/implementation of the compromise arrived inter-se them within a period of

two months from today.

In the aforesaid terms, the present suit as well as counter claims are disposed of as compromised, so also, pending application(s), if any. Decree

sheet be prepared accordingly.