Prem Chand And Another vs Nek Ram And Others

Ajay Mohan Goel, J

When this case was taken up for consideration, learned counsel for the parties apprised the Court that Mediation Proceedings, which stood initiated between the parties, have yielded positive result and the issues between the parties have been amicably settled between the parties on account of the endeavour so made by the learned Mediator.

The Court places on record its appreciation for the efforts which have been put in by Shri Satyen Vaidya, for having the dispute amicably settled between the parties. The Court also places on record its appreciation to the positive atmosphere which was created by learned counsel for the parties and it is only because of the endeavour which was so made by them that the matter now stands amicably settled between the parties.

At this stage, learned counsel for the parties have filed a joint application under Order 23, Rule 3 read with Section 151 of the Code of Civil Procedure, which is ordered to be taken on record. Registry is directed to register the same.

In view of the prayer made in this application, Civil Suit No.1530 of 2019, titled as Prem Chand & Another Versus Nek Ram & others, pending before the Court of learned Civil Judge, Court No.2, Shimla, H.P. stands decreed in terms of the compromise, which has been entered into between the parties and Civil Suit No.149 of 2019, titled as Prem Chand & Another Versus Nek Ram Thakur & others, presently pending before the Court of learned Civil Judge, Court No.3, Shimla, H.P., is ordered to be dismissed as withdrawn. The withdrawal of the Civil Suit is in lieu of the settlement, which has been entered into between the parties before the learned Mediator and the proceedings, which have been so entered into before the learned Mediator on 19.06.2020, 22.06.2020 and 23.06.2020, alongwith spot memo and the plans etc., shall form part of the record as well as Compromise Decree in Civil Suit No.1530 of 2019, titled as Prem Chand & Another Versus Nek Ram & others. In other words, the matter between the parties is ordered to have been settled in terms of what is contained in the proceedings of the learned Mediator, dated 19.06.2020, 22.06.2020 and 23.06.2020, as well as record appended alongwith the said proceedings and a Compromise Decree shall be prepared in Civil Suit No.1530 of 2019, titled as Prem Chand & Another Versus Nek Ram & others, in terms thereof.

At this stage, learned counsel for the parties state that it has been agreed between the parties that they shall withdraw all the proceedings which have been initiated by the respective parties against each other, be it Civil or Criminal. Their statements are taken on record. In case, in this regard any assistance of this Court is required, the parties shall be at liberty to approach this Court by filing appropriate application in this regards.

Learned counsel for the parties further inform the Court that with regard to agricultural land, the parties shall jointly file an application for partition before the appropriate authority i.e. Assistant Collector, 1st Grade (Rural), Shimla, H.P. It is ordered that as from the date of filing of the application, the proceedings be culminated by the authorities concerned within a period of four months. In case there is any unnecessary delay on the part of the authorities in completing the proceedings, then the party shall be at liberty to approach this Court by filing appropriate application in this regard, so that appropriate order can be passed by the Court.

Similarly, as far as built up properties are concerned, as prayed for by learned counsel for the parties, in the event of either party approaching the authority for carrying out necessary corrections in the revenue record, needful shall positively be done by the concerned authority as expeditiously as possible.

A copy of this order shall be placed on record of Civil Suit No.1530 of 2019, titled as Prem Chand & Another Versus Nek Ram & others, pending before the Court of learned Civil Judge, Court No.2, Shimla, H.P., and the Civil Suit shall be deemed has been decreed in terms of the order passed by this Court.

Similarly, as jointly prayed for, a copy of this order shall also be placed on the record of Civil Suit No.149 of 2019, titled as Prem Chand & Another Versus Nek Ram Thakur & others, presently pending before the Court of learned Civil Judge, Court No.3, Shimla, H.P. and the same shall also be deemed to have been withdrawn in view of the order which has been passed by the Court today. Petition stands disposed of in above terms. Pending miscellaneous applications, if any, stand disposed of.