Himachal Pradesh High Court
Smt. Paramjit Kaur & Ors vs Smt. Paramjeet Kaur & Anr on 11 July, 2017
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 111 of 2015 .
Date of decision: 11th July, 2017.
Smt. Paramjit Kaur & Ors. .......Petitioners.
Versus Smt. Paramjeet Kaur & Anr. ......Respondents.
Coram The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge. Whether approved for reporting?1No.
For the Petitioners
r : Mr. R.K. Bawa, Sr. Advocate, with Mr.
Amit Dhumal, Advocate.
For the Respondents : Mr. Rajiv Sood, Advocate, for
respondent No. 1.
Tarlok Singh Chauhan, Judge (Oral).
In view of the subsequent developments, it is not necessary to delve into the facts, suffice it to state that Shri Harbans Singh predecessor-in-interest of the petitioners filed a suit which was registered as Civil Suit No. 52/01 of 2011, which is now pending adjudication in Court No. 7, Shimla, and on the other hand the respondent had instituted Civil Suit No.156/1 of 13/11, which is pending in the Court of learned Civil Judge (Senior Whether the reporters of the local papers may be allowed to see the Judgment?yes.
::: Downloaded on - 14/07/2017 23:58:04 :::HCHP 2Division), Shimla, wherein the petitioners have also filed the counter claim.
.
2. On 24.3.2017, this Court directed the parties to personally remain present before the Court on 7.4.2017, when the following order came to be passed:-
"On the joint request of learned counsel for the parties, matter is referred to the mediation of Mr. G.D. Verma, learned Senior Advocate of this Court, who has agreed for the same. Parties who are present in the Court agree to appear before the learned Mediator today itself at 1:00 p.m. in the High Court Mediation Centre.
Registry is directed to make available the complete record to the learned Mediator. Registrar (Judicial) to ensure compliance.
Put up with the report of the learned Mediator."
3. It is heartening to note that the parties have amicably settled all their disputes, as is evident from the proceedings recorded by the learned Mediator on 25.5.2017, which reads thus:-
"Civil suit was filed by late Shri Harbans Singh son of late Sh. Jai Ram Singh for decree of injunction restraining the defendant Smt. Paramjit Kaur widow of Sh. Manjeet Singh and Sh. Harjeet Singh and Baljit Singh sons of Sh. Manjit Singh from transferring or alienating the house and land as entered against Khasra No. 806/402/2 measuring 234.30 square meters.::: Downloaded on - 14/07/2017 23:58:04 :::HCHP 3
During the pendency of this litigation unfortunately plaintiff Sh. Harbans Singh son of late Sh. Jai Ram Singh died and his legal representatives were brought on record when matter .
was pending before the Ld. Additional District Judge-I, Shimla in Civil Appeal No. 10-S/14 of 2013. The Ld. Civil Judge dismissed the application under Order 39 Rule 1 and 2 CPC which was filed by Sh. Harbans Singh in Civil Suit No. 52/1 of 2011 and this application was registered as CMA No. 43-6 of 2011.
The perusal of record would show that upon the death of Sh.
Harbans Singh sole plaintiff, his widow Smt. Paramjit Kaur was brought on record alongwith his grand sons Baljit Singh and Harjit Singh both sons of late Sh. Manjeet Singh. Appeal remain pending before the Ld. Additional District Judge-I, Shimla from 22.12.2012 and ultimately appeal was dismissed by the Ld. Additional District Judge-I, Shimla on 2.12.2014. It is against the order dated 2.12.2014 that the legal representatives of the sole plaintiff late Sh. Harbans Singh has filed this CMPMO No. 111/2015.
From the above discussion it is clear that the parties are belonging to same family. Smt. Paramjit Kaur widow of late Sh. Harbans Singh is present today. She says that at present she is 76 years of age. She has specifically stated that she wants to bring to an end this litigation and for this purpose, she has stated that she has no objection in the withdrawal of main suit in question. She has further stated that the property in suit shall remain in joint ownership and possession of Smt. Paramjit Kaur widow of late Sh. Manjeet Singh son of late Sh. Harbans Singh, Sh. Baljeet Singh son of late Sh. Manjeet Singh son of late Sh. Harbans Singh and Sh. Harjit Singh son of late Sh. Manjeet Singh son of late Sh. Harbans Singh in equal shares. Smt. Paramjit Kaur widow of late Shri Harbans Singh ::: Downloaded on - 14/07/2017 23:58:04 :::HCHP 4 has stated that no doubt Smt. Paramjit Kaur widow of Sh. Manjeet Singh and S/Sh. Harjit Singh and Baljit Singh both sons of Sh. Manjeet Singh shall be absolute owner in .
possession of the property in suit in equal shares but during her lifetime none of them shall any right to create any charge and alienate this suit property to anyone without her written permission.
Smt. Paramjit Kaur widow of late Sh. Manjeet Singh as well as S/Shri Baljit Singh and Harjit Singh sons of late Sh. Manjeet Singh have agreed and undertaken that all of them will abide by the desire of Smt. Paramjit Kaur widow of late Sh. Harbans Singh in letter and spirit.
Smt. Paramjit Kaur widow of late Sh. Harbans Singh has further stated that this property is at present subject to payment of loan of Punjab National Bank the Mall Shimla and approximately at present the balance amount of loan is about Rs.12 lacs. She has undertaken that this entire loan amount shall be paid by her out of her own earnings and that she is already making repayment of this loan amount in agreed installments to the said bank. She has further stated that even in the event of her death, this liability regarding payment of this loan shall be a charge against her properties in her ownership.
Smt. Paramjit Kaur widow of late Sh. Harbans Singh has stated that the aforesaid amicable settlement has been arrived at between the parties keeping in view the Will which was executed by late Sh. Harbans Singh. The parties present have agreed that they shall remain bound by this amicable settlement in letter and spirit. None of the parties shall in any manner violate the terms and conditions in this compromise. All the litigation between the parties shall be deemed to have been compromised and ::: Downloaded on - 14/07/2017 23:58:04 :::HCHP 5 the same shall be deemed to have been withdrawn. The parties are directed to appear before the Court on 29.5.2017. Thus, the suit shall be deemed to have been .
decided on the basis of above settlement. The matter be placed before the Hon'ble Court on 29.5.2017."
4. In view of the subsequent developments, the Civil Suit(s) and counter claim preferred therein, which are pending inter se the parties are deemed to have been decreed on the basis of the aforesaid compromise. Ordered accordingly. The compromise aforesaid be treated as a part and parcel of the decree. The learned trial Court shall proceed to draw up a formal decree in the aforesaid terms. Accordingly, the petition is disposed of in the aforesaid terms, leaving the parties to bear their own costs.
5. However, before parting, this Court would like to place on record its gratitude for the valuable assistance rendered by the learned Mediator Shri G.D. Verma, Senior Advocate.
July 11, 2017 (Tarlok Singh Chauhan)
(Sanjeev) Judge
::: Downloaded on - 14/07/2017 23:58:04 :::HCHP