Raj Kumar Jain And Another vs Indra Prastha Builders Private Ltd And Others

Alok Kumar Verma, J

The present Appeal has been filed challenging the judgment and decree dated 22.08.1988, passed by learned District Judge, Dehradun in Original Suit No.550 of 1986, “Raj Kumar Jain and Another Vs. Indra Prastha Builders Private Ltd and Others”, by which, the learned Judge has decreed the said original suit for permanent injunction, but, dismissed the suit for mandatory injunction.

The First Appeal was dismissed in default on 18.08.2006. The Restoration Application was also rejected on 16.04.2007. A Review Application (No.495 of 2007) was filed. The Review Application was dismissed on 15.06.2007.

In Civil Appeal Nos.26-27 of 2009 (Arising out of S.L.P. (C) Nos.13298-13299 of 2007), “Raj Kumar Jain and Another Vs. Indra Prastha Builders Private Ltd.”, the Hon’ble Supreme Court set aside the order dated 16.04.2007 and the order dated 15.06.2007 and while allowing the appeals on 07.01.2009, the First Appeal (No.79 of 2001) was restored.

Heard Mr. Aditya Singh, learned counsel for the appellant no.1 and Mr. Pranav Singh, learned counsel for the respondent no.1.

Learned counsel for both the parties submitted that the parties have settled their disputes. They have filed a Civil Miscellaneous Application (IA No.11798 of 2024) under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908.

As per the paragraph no.4 of the said Application (IA No.11798 of 2024), vide Relinquishment Deed dated 24.09.2021, the appellant no.2 Prem Kumar Jain relinquished his 50% share of the property in favour of the appellant no.1. Now, the appellant no.1 is the sole owner in possession of the property-in-question. The Relinquishment Deed was duly registered as “Document No.5375 in Book-I, Volume-7525 at pages 45-70 at the office of the Sub-Registrar, Dehradun, Uttarakhand.”

The said Application (IA No.11798 of 2024) has been filed along with the affidavits of the appellant no.1 and the Director of the respondent no.1, namely, Ram Chand and a “Compromise Settlement” dated 05. 08.2024 (Annexure No.1).

Mr. Aditya Singh, Advocate and Mr. Pranav Singh, Advocate, submitted that the said Application (IA No.11798 of 2024), the affidavits and the Compromise Settlement (Annexure no.1) have been filed by the parties with their free will and without any pressure. They have requested to decide the present appeal in terms of the Compromise Settlement (Annexure no.1 to the Miscellaneous Application IA No.11798 of 2024).

The compromise is verified.

The present First Appeal (FA No.79 of 2001, Old No.957 of 1988) is decided in terms of the said Compromise (Annexure No.1 to the Miscellaneous Application IA No.11798 of 2024).

Registry shall draw a decree accordingly.

The said Compromise (Annexure No.1 to the Miscellaneous Application IA No.11798 of 2024) will be a part of the decree.