Gurdial Devi vs Desh Raj & Others

Vivek Singh Thakur, J

Present appeal has been filed against judgment and decree dated 27.10.2008 passed by learned Additional District Judge, Una in Civil Appeal No.

93 of 2005, titled Gurdial Devi vs. Des Raj, whereby judgment and decree dated 30.09.2005 passed by learned Civil Judge (Junior Division), Court No.

II, Amb, District Una has been affirmed.

During pendency of appeal, parties have settled the dispute amicably and compromise has been entered between them which has been reduced into

writing and copy thereof has been placed on record along with CMP No. 8677 of 2021 filed under Order 23 Rule 3 CPC for passing a decree in terms

of compromise arrived at between the parties. The application has been duly signed by Vishal son of appellant Gurdial Devi who is also her General

Power of Attorney. The application has also been signed by Mr.Subhash Chand, respondent No.2 on his behalf and also being General Power of

Attorney of respondents No. 1 and 3. Application is duly supported by affidavits of Vishal and Subhash Chand. The application has also been signed

by learned counsel representing the parties . Copy of compromise has been attested to be verified as true by Vishal and Subhash Chand. True and

attested photocopies of General Power of Attorneys have also been filed with application, original whereof were seen by concerned dealing hand in

the Registry at the time of accepting the filing of these photocopies and were returned to learned counsel for parties. Vishal and Subhash Chand have

also put their original signatures on photocopies for attesting these copies to be true copies.

The terms of compromise arrived at between the parties are as under:-

“1. That Sh.Des Raj etc.(hereinafter called second party)are agreed to give the land measuring 00-57-60 hects. to the first party Smt. Gurdial Devi

out of total suit land in the following manner:-

(a) That as per compromise the first party will be sold owner in possession of the land measuring 00-36-04 hects. in shape of Khasra Nos. 609, 610

and 611 out of the suit land, the second party will have no right, title and interest in the above Khasra Nos. after withdrawal of the regular second

appeal, the first party has her abadie over Khasra No. 612 and the second party undertake not to interfere in the said abadie in any manner.

Remeasuring land of Khasra No. 612 except covered under abadi will remain with second party.

(b) That second party is also agreed to give the land measuring 00-21-56 hects. out of Khasra No. 415 with 40 meters (Forty meters) front towards

northern side adjoining to the land of Sh. Nishan Singh by way of tatima to the first party and the first party will be owner in possession of land

measuring 00-21-56 hects. as stated above.

(c) That rest of the suit land will remain owned and possessed by second party Sh.Des Raj etc. 2. That both the parties as well as their successor-in-

interest will remain bound by the terms and conditions of this compromise and no one will refuse the same in any manner in future.

That the compromise has held in amicable manner without any pressure, as the parties are in near relations with each other.

That the compromise has been signed by the parties in the presence of witnesses with their own sweet wishes by understanding all the terms and

conditions,as the same has been duly read over and explained to the parties in the presence of witnesses.â€​

In aforesaid facts and circumstances, present appeal is allowed in terms of compromise reproduced hereinabove and suit of plaintiff/appellant is

decreed in terms of compromise. Terms of compromise shall be part of decree. Registry to draw the decree accordingly.

Appeal stands disposed of accordingly including all pending miscellaneous application(s), if any