Sunil Kumar vs Durgi

Sandeep Sharma, J

OMP No. 324 of 2021

By way of instant application filed under Order XXIII, rules 1 and 3 read with S.151 CPC, plaintiff has prayed for withdrawal of the present suit on

account of amicable settlement inter se parties, vide compromise dated 30.4.2021.

Mr. G.R. Palsra, Advocate has filed Power of Attorney on behalf of the defendant. He, on instructions, states that since the plaintiff and defendant

have entered into compromise, annexed with the application, he shall have no objection in case prayer made in the instant application is allowed.

Having heard learned counsel for the parties and perused the averments contained in the application, which is duly supported by an affidavit as well

as documents annexed therewith, this court finds that the plaintiff filed instant suit for specific performance of contract, directing the defendant to

execute the sale deed qua the suit land, detailed in para Nos. 1 and 2 of the plaint, in view of the agreement to sell dated 7.2.2021/13.3.2020 by the

defendant, with further prayer to pass a decree of permanent prohibitory injunction, not to sell the suit land to any other person, save and except the

plaintiff.

Though, vide order dated 14.9.2020, this Court had restrained the defendant from alienating , encumbering, transferring and changing the nature and

possession of suit land measuring 2-3-0 Bigha over 860/9999 of total land measuring 24-19-19 Bigha comprised in Khata Khatauni No. 242/301, Kita

7, situate in Mohal Mandal/202, Tehsil Balh, District Mandi, Himachal Pradesh to any third person, subject to compliance of Order XXXIX, rule 3

CPC, however, During the pendency of the suit, both the parties have settled the dispute and agreement to sell dated 7.2.2020/13.3.2020 stands

cancelled/rescinded and nothing remains to be recovered from any side. Application further reveals that on account of compromise, plaintiff would

withdraw the present suit as also complaint against the defendant. Apart from above, plaintiff would not raise any objection in case defendant intends

to sell the suit land to any other person.

Having taken note of the aforesaid compromise arrived inter se parties as well as suit statement made learned counsel for the defendant, there

appears to be no impediment in accepting the prayer made in the present application and same is allowed. Plaintiff is permitted to withdraw present

suit. Application stands disposed of.

Civil Suit No. 55 of 2020

Though the written statement on behalf of the defendant stands filed, however, in view of the compromise arrived inter se parties and application

filed for withdrawal of the suit, present suit is dismissed as withdrawn. All pending applications stand disposed of. Interim directions, if any, also stand

vacated.

Needless to say, plaintiff shall be entitled to refund of court fee, as per Rules, which shall be paid to the plaintiff by remitting the same into his

saving bank account, details whereof are given in prayer clause of OMP No. 324 of 2021.