Jagdish Alias Ranjit Singh vs Sheela And Others

Vivek Singh Thakur, J

This appeal has been preferred by appellant/defendant against judgment and decree dated 30.04.2015 passed by learned District Judge Shimla in

Civil Appeal No. 43-S/13 of 2013 titled Jagdish alias Ranjeet Singh vs. Bansi (deceased) through LRs. whereby judgment and decree dated

28.06.2013, passed by learned Civil Judge (Junior Division) Court No.IV, Shimla in Civil Suit No. RBT 115/1 of 2011/10, titled Bansi vs. Jagidsh alias

Ranjit Singh, has been affirmed

2 During pendency of appeal, application CMP No. 9774 of 2021 has been filed jointly by parties under Order 23 Rules 1 and 2 CPC for deciding the

appeal on the basis of compromise arrived at between the parties. Application is duly supported by affidavits of appellant/defendant as well as

respondents/plaintiffs. Application is also signed by learned counsel representing the both sides.

3 Learned counsel appearing for the parties have also endorsed the compromise arrived at between the parties and terms whereof have been reduced

into writing in paras 6, 7 and 8 of application, which read as under:-

“6. That compromise has been arrived at between the appellant/defendant and respondents/plaintiffs. According to the compromise, the

respondents in the appeal have received a sum of Rs.10,000/- each, total Rs.30,000/- from the appellant Sh.Jagdish alias Ranjit Singh and on account

of the compromise and settlement of this dispute, they acknowledge receipt of this amount. Now, the respondents admit that mutation No. 12 dated

04.1994 with respect to the land in suit situated at Mohal Malog, Pargana Jajhot, Tehsil and District Shimla was rightly attested and the present

appellant/defendant is absolute owner in possession of the suit land as fully explained in mutation No.12, dated 30.04.1994 and which was subject

matter of the dispute. The respondents have no right, title and interest of any kind over this land and they admit that the defendant/appellant Sh.

Jagdish alias Ranjit Singh is absolute owner in possession of this land.

That in view of the above facts, the respondents/plaintiffs withdraw the suit titled as Sh. Bansi versus Jagdish alias Ranjeet Singh which was

decreed by the learned Civil Judge, Jr. Division, Court No. (4), Shimla on 28.06.2013. Hence, the judgment and decree passed by the learned trial

Court dated 28.06.2013 as well as learned District Judge, Shimla 30.04.2015 stands set aside and rendered infructuous. The suit filed by their father

thus stands withdrawn.

That the respondents have no objection, if entries in the revenue record are made in favour of Sh.Jagdish alias Ranjit Singh at their back on the

basis of the compromise.â€​

4 In view of aforesaid circumstances, impugned judgments and decrees passed by learned Courts below are set aside and modified decree is passed

in terms of compromise arrived at between the parties for all intends and purposes including for correction and update of revenue entries by

concerned revenue authorities, as detailed and reproduced as paras 6 to 8 of application herein-above. The aforesaid terms of compromise shall be

made part of decree. Decree be prepared accordingly.

Civil suit is decreed in aforesaid terms and disposed of as compromised along with all pending miscellaneous applications.