Ram Kumar vs Kewal Kumar & Another

Ajay Mohan Goel, J

Both these petitions have been filed by the petitioner/ plaintiff, feeling aggrieved by dismissal of the applications, filed under Order 39, Rule 1 and 2

of the Code of Civil Procedure, by learned Trial Court, as well as dismissal of the appeals filed against said orders by present petitioner, by learned

First Appellate Court.

As the parties are closely related to each other, the Court in its wisdom had requested learned counsel for the parties to make an endeavour to have

the matter amicably settled between the parties, so that the dispute between them could be solved and resolved for all times to come. It is heartening

to note that as a result of the effort, which has been so put in by learned counsel for the parties, as also the positive attitude with which the parties

went ahead for amicable settlement of their dispute, the matter once and forever has been settled between them with regard to all the disputes and

compromise, so entered into, has been reduced in writing, which has been duly signed by Shri Ram Kumar and Shri Kewal Kumar, who are present in

the Court alongwith their learned counsel and their statements to the effect that compromise (Ext.C1) has been duly entered into between them out of

their own free will and volition, have been separately recorded. The Compromise Deed is ordered to be taken on record and marked as Exhibit C-1.

Both Shri Ram Kumar and Shri Kewal Kumar through counsel, informed the Court that Smt. Shyam Lata, who happens to be their real sister and

who is respondent No.2 herein, was telephonically contacted and she was apprised of the compromise entered into between them. They informed the

Court that Smt. Shyam Lata has approved the terms of the compromise and has also through them requested that as now the matter stands amicably

settled between the parties, she may be allowed to withdraw the Counter Claims, which were filed by her in two of the Civil Suits filed by Shri Ram

Kumar.

Accordingly, these petitions are disposed of by taking on record the compromise, Ext.C1, which has been entered into between the parties, by

ordering that the Civil Suits, which have been filed by Shri Ram Kumar, stand disposed of in terms of the above compromise. Certified copy of this

order alongwith the copy of Compromise Deed as well as copies of the statements of parties which have been recorded before this Court, shall be

placed on record in all the Civil Suits, filed by Shri Ram Kumar. Similarly, the Counter Claims, which have been filed by Smt. Shyam Lata in two of

the said Civil Suits, are allowed to be withdrawn and such Court Fee as is refundedable to Smt. Shyam Lata as per Rules, be refunded. It is further

observed that the parties to the lis including Smt. Shyam Lata, shall be bound by the terms of the compromise, which has been so arrived at between

the parties and in the event of breach thereof, besides other consequences which the same may entail, same shall also be construed as Contempt of

Court. Both the petitions stand disposed of, so also pending miscellaneous applications, if any.