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Himachal Pradesh High Court

Sh.Milkhi Ram vs Smt.Gita Devi & Another on 27 August, 2015

Author: Sanjay Karol

Bench: Sanjay Karol

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                           RSA No. 196 of 2003
                                           Date of Decision: 27 .08.2015
      Sh.Milkhi Ram                                           ......Appellant.




                                                                                  .
                                           Versus





      Smt.Gita Devi & another                                 .....Respondents.
      Coram:





      The Hon'ble Mr. Justice Sanjay Karol, Judge.
      Whether approved for reporting? 1No.
      For the Appellant:                   Mr. G.D.Verma, Sr. Advocate
                                           with Mr. B.C.Verma, Advocate,




                                                      of
                                           for the appellant.
      For the Respondents: Mr. Rajiv Jiwan, Advocate for
                         rtthe respondents.

                                           Mr. Naresh K. Sood, Sr.
                                           Advocate as Mediator with Mr.

                                           Aman Sood, Advocate.
      Sanjay Karol, J (oral)

It is heartening to note that with the efforts put in by Sh. N.K.Sood, learned Senior Advocate/Mediator, parties have amicably resolved their dispute. Record and proceedings of the compromise before the learned Mediator is on record.

2. The parties, who are real brothers and close relative have decided to jointly discharge their obligations and duties of taking care of their aged mother. Also appellant Milkhi Ram has agreed to 1 Whether reporters of the local papers may be allowed to see the judgment?

deposit a sum of `1,00,000 /- in the name of Smt. Gita Devi on or before 30.9.2015 instead of 30th October, 2015 as was agreed before the learned .

Mediator. Particulars of bank account shall be furnished by the respondents within a period of one week.

3. The landed property of late Sh. Mathra Dass is agreed to be equally shared and distributed of between Milkhi Ram and Hari Ram.

4. I am of the cons idered view that the terms rt of compromise entered into between the parties are just, fair and legal. The compromise is also in favour of the parties as also in the interest of justice. Parties shall be bound by the statements, so made before the learned Mediator and reiterated, through their counsel before the Court. Appeal stands disposed of in terms of the compromise so arrived at between the parties. Terms of compromise/ statements shall form part of the decree. Decree sheet be prepared accordingly.

5. Mr. G.D.Verma, learned Sr. Advocate requests for co-operation by the concerned revenue officials including Tehsildar Ghumarwin. As and when ::: Downloaded on - 15/04/2017 18:49:20 :::HCHP 3 any applic ation for partition of property of late Sh.

Mathra Dass is filed by the parties, the Tehsildar, Ghumarwin/ concerned official shall decide the same .

in accordance with law, expeditiously and preferably within a period of two months. Mr. R.S.Verma learned Additional Advocate General assures all co-operation and undertakes to communicate the order to the concerned officers/officials .

of

6. It shall be open for the parties to approach the court in the event of any difficulty faced rt in implementing the compromise.

7. Efforts put in by the learned counsel for the parties as also the learned Mediator, who helped the parties to arrive at the settlement are highly appreciable.

Accordingly, appeal stands disposed of, so also pending application(s), if any.

                                                 ( Sanjay Karol),
    August, 27, 2015                                Judge.
          (Shankar)




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