Swaraj Gupta (Deceased) Through Legal Representatives & Others vs Mukesh Kumar Gupta And Others

Alok Kumar Verma, J

The respondent no. 1-plaintiff had filed an Original Suit (O.S. No. 484 of 2012) for declaration and for perpetual injunction. The appellant-defendant had filed a counter-claim for mandatory injunction. The Original Suit was dismissed and the counter-claim was allowed. Two Civil Appeals (Civil Appeal No. 169 of 2018 and Civil Appeal No. 170 of 2018) were filed by the respondent no. 1-plaintiff.

The Civil Appeal No. 169 of 2018 was filed against the dismissal of the Original Suit. The Civil Appeal No. 170 of 2018 was filed against the decree, passed in counter-claim. The Civil Appeal No. 169 of 2018 was partially allowed and the judgment and decree, passed in Original Suit No. 484 of 2012 was modified. The Civil Appeal No. 170 of 2018 was allowed and the counter-claim was dismissed.

The present Second Appeal No. 02 of 2022 has been filed against the decree dated 06.10.2021, passed by learned District Judge, Dehradun in Civil Appeal No. 169 of 2018, by which the said appeal was allowed partially.

The present Second Appeal No. 04 of 2022 has been filed against the decree dated 06.10.2021, passed by learned District Judge, Dehradun in Civil Appeal No. 170 of 2018, by which the counter-claim was dismissed.

The appellant no. 1/1 died during the pendency of these appeals.

The record of Second Appeal No. 02 of 2022 will be treated as a leading case.

Mr. Neeraj Garg, learned counsel for the appellant no. 1/2 and Mr. Piyush Garg, learned counsel for the respondent no. 1.

Two Compromise Applications (IA No. 04 of 2024) in Second Appeal No. 02 of 2022 and Second Appeal No. 04 of 2022 have been filed by the parties along with their affidavits and Compromise Deeds (Annexure no. 1 to the Compromise Applications).

Smt. Reena Agarwal, the appellant no. 1/2, and respondent no. 1- Mr. Mukesh Kumar Gupta, are present in person through video conferencing. They submitted that there were some disputes between them and they have resolved their disputes and after resolving their disputes, they have filed Compromise Applications (IA No. 04 of 2024) with their affidavits and Compromise Deeds (Annexure No. 1) with their free will and without any pressure.

Smt. Reena Agarwal is identified by Mr. Neeraj Garg, Advocate and Mr. Mukesh Kumar Gupta is identified by Mr. Piyush Garg, Advocate.

Both the parties have requested to decide the present Second Appeals in the terms of Agreement Deeds (Annexure No. 1).

Agreement/Compromise is verified.

With the consent of both the parties, both the Second Appeals (SA No. 02 of 2022 and SA No. 04 of 2022) are decided in terms of Agreement Deeds (Annexure No. 1).

Consequently, the judgment and decree dated 06.10.2021, passed by learned District Judge, Dehradun in Civil Appeal No. 169 of 2018 and Civil Appeal No. 170 of 2018 are modified accordingly.

The Agreement Deeds (Annexure no. 1) will be part of the decree.

Registry is directed to draw the decree accordingly.

A copy of this judgment be placed on the record of the Second Appeal No. 04 of 2022.