Himachal Pradesh High Court
Ram Chand vs Smt. Bimla Devi And Others on 27 November, 2018
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 491 of 2016 Decided on: November 27, 2018 .
________________________________________________________________ Ram Chand .. Petitioner Versus Smt. Bimla Devi and others ..........Respondents ________________________________________________________________ Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 ________________________________________________________________ For the petitioner : Mr. Rajneesh K. Lal, Advocate.
For the respondents : Ms. Kamlesh, vice counsel, for respondents No. 1(a) and 1(b).
None for respondents No. 2 and 3.
Respondent No. 4 in person.
________________________________________________________________ Sandeep Sharma, Judge:(oral) By way of instant petition filed under Art. 227 of the Constitution of India, challenge has been laid to order dated 14.12.2015 passed by the learned Civil Judge (Junior Division), Court No. 1, Una, Himachal Pradesh in Case No. 150/08 titled Ram Chand vs. Smt. Bimla Devi and others, whereby suit for declaration having been filed by the petitioner-plaintiff (hereinafter, 'plaintiff') came to be dismissed in default.
2. Mr. Rajnish K. Lal, learned counsel representing the plaintiff, while inviting attention of this Court to Annexure P-3 i.e. a joint application filed on behalf of the parties under Order 1 Whether the reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 28/11/2018 22:57:13 :::HCHP 223 Rule 3 read with S.151 CPC, seeking therein permission to place on record compromise entered into between the parties, .
contended that the parties to the lis had actually resolved to settle the dispute inter se them amicably, but, before this factum could be placed before the learned Court below, impugned order dated 14.12.2015 came to be passed, whereby suit having been filed by plaintiff came to be dismissed in default.
3. Learned counsel representing the respondents-
defendants (hereinafter, 'defendants') fairly admitted the factum with regard to compromise arrived inter se parties and stated that the suit having been filed by the plaintiff may be ordered to be decreed in terms of the compromise (Annexure P-3) entered inter se parties.
4. During the proceedings of the case, Mr. Rajnish K. Lal, Advocate placed on record copy of application under Order 23 Rule 3 read with S.151 CPC, intended to be filed by the parties before the learned Civil Judge (Junior Division), Una, District Una, Himachal Pradesh. The same is taken on record.
5. Careful perusal of the averments contained in the application suggests that the suit was filed by the plaintiff for declaration to the effect that the land measuring 0-01-87 Hectares bearing Khewat No. 44 min, Khatauni No. 438, Khasra No. 1022, situate in Mohal Haroli Khas, Tehsil Haroli, District ::: Downloaded on - 28/11/2018 22:57:13 :::HCHP 3 Una, as per Missal Hakiyat for the years 1997-98, is owned and possessed as Hissedar by the plaintiff and the revenue entries in .
favour of defendants as owner to the limited extent of 0-01-87 Hectares are wrong, with consequential relief of permanent prohibitory injunction. Defendants were proceeded against ex parte, but as has been taken note herein above, during the course of proceedings, compromise was arrived inter se parties, whereby plaintiff, who had constructed house in the portion of suit land, without written consent of the defendants, assured the defendants to compensate them for usage of said land. As per compromise as recorded in the application referred to herein above, plaintiff has already paid to defendants the price with respect to such land and defendants having taken note of the fact that the plaintiff had already constructed his house, have agreed to accept the price.
6. Since both the parties have agreed to resolve their dispute inter se them by way of compromise as recorded in the aforesaid application, this court sees no impediment in accepting the prayer having been made by the learned counsel representing the parties that the suit having been filed by the plaintiff for declaration may be decreed.
7. In view of above, order dated 14.12.2015 passed by the learned Civil Judge (Junior Division), Court No. 1, Una, Himachal ::: Downloaded on - 28/11/2018 22:57:13 :::HCHP 4 Pradesh in Case No. 150/08 titled Ram Chand vs. Smt. Bimla Devi and others is quashed and set aside. The suit is restored to .
its original number and position.
8. Accordingly, in view of the joint prayer having been made in the application under Order 23 Rule 3 read with S.151 CPC, the suit having been filed by the plaintiff is decreed in terms of compromise arrived at between the parties, which is made part of the record as Annexure C-1 and shall also form part and parcel of the decree. Decree sheet be drawn accordingly.
9. Petition at hand stands disposed of in the aforesaid terms. All pending applications also stand disposed of. Interim directions, if any, are vacated. Record, if received, be sent back.
(Sandeep Sharma) Judge November 27, 2018 (vikrant) ::: Downloaded on - 28/11/2018 22:57:13 :::HCHP