Uttarakhand High Court
Chawla vs Sompal" on 2 May, 2023
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
02ND MAY, 2023
CIVIL REVISION NO. 24 of 2023
Between:
Rajesh Chawla .....Revisionist
and
Sompal .....Respondent
Counsel for the Revisionist : Mr. Siddhartha Singh,
Advocate.
Counsel for the Respondent : Mr. Nikhil Singhal,
Advocate.
Hon'ble Alok Kumar Verma,
The challenge in the present Revision, filed
under Section 115 of the Code of Civil Procedure, 1908, is
to an order dated 19.01.2023, passed by District Judge,
Haridwar in Miscellaneous Case No.269 of 2018, "Rajesh
Chawla vs. Sompal", by which, the application, filed by
revisionist-defendant under proviso to Section 17(1) of
the Provincial Small Cause Courts Act, 1887 (in short,
"Act, 1887") for permission to give security, has been
dismissed.
2. Respondent-plaintiff had filed a SCC Suit No.15
of 2017 against the revisionist-defendant. The said SCC
Suit was decreed ex-parte on 07.11.2017. An Application
under Order 9 Rule 13 CPC was filed by the revisionist-
defendant along with the said Application under proviso to
Section 17(1) of the Act, 1887.
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3. Heard Mr. Siddhartha Singh, learned counsel for
the revisionist and Mr. Nikhil Singhal, learned counsel for
the respondent on the Application (IA No.4 of 2023).
4. Mr. Siddhartha Singh, Advocate, submitted that
possession of the suit property was delivered to the
respondent-plaintiff on 27.04.2018. Now, both the parties
have entered into a compromise and according to the
terms of the compromise, revisionist-defendant has
agreed to pay Rs.3,00,000/- to the respondent-plaintiff as
lump sum amount. The said amount Rs.3,00,000/- would
be paid within four weeks' from 01.05.2023 and in the
meantime, the proceedings of Execution Case No. 3 of
2017 would be kept in abeyance. After payment of the
said amount i.e. Rs.3,00,000/- (Rupees three lakh) to the
respondent-plaintiff, the said Execution Case (No.3 of
2017) will be considered satisfied as full satisfaction.
5. The said Execution Case (No.3 of 2017) is
pending for realization of Rs.6,13,000/- as arrears of rent
and damages.
6. Mr. Siddhartha Singh, Advocate, submitted that
the revisionist will withdraw the said Application, filed
under Order 9 Rule 13 CPC, within four weeks from today.
7. Mr. Nikhil Singhal, learned counsel for the
respondent-plaintiff, on instruction, agrees to all the
above terms.
8. Learned counsel for both the parties have
requested to decide the present Revision in terms of the
compromise as mentioned in the said Application (IA No.4
of 2023).
9. With the consent of learned counsel for the
parties, present Civil Revision (No.24 of 2023) is disposed
of in terms of settlement as mentioned in Miscellaneous
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Application (IA No.4 of 2023). The said Application (IA
No.4 of 2023) will be a part of this order.
10. Registry is directed to provide certified copies of
this order to learned counsel for the parties within 48 hrs
on payment of usual charges.
___________________
ALOK KUMAR VERMA, J.
Dt: 02.05.2023 Neha