Himachal Pradesh High Court
Budhi Ram Son Of Shri Dhani Ram vs Duni Chand Son Of on 29 December, 2021
Author: Sandeep Sharma
Bench: Sandeep Sharma
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 29TH DAY OF DECEMBER, 2021
BEFORE
.
HON'BLE MR. JUSTICE SANDEEP SHARMA
REGULAR SECOND APPEAL No. 211 of 2019
Between:-
BUDHI RAM SON OF SHRI DHANI RAM,
RESIDENT OF VILLAGE KAMAND,
TEHSIL SUNDERNGAR, DISTRICT MANDI,
HIMACHAL PRADESH
......APPELLANT
(BY MR. AMIT KUMAR DHUMAL, ADVOCATE)
AND
1. DUNI CHAND SON OF
SHRI NARDU, RESIDENT OF
VILLAGE KAMAND, TEHSIL
SUNDERNAGAR, DISTRICT
MANDI, HIMACHAL PRADESH
......RESPONDENT/PLAINTIFF
2. RAM SINGH SON OF SHRI
BALAK RAM, RESIDENT OF
VILLAGE PANJRAHAN,
(FANGWAS), TEHSIL
SUNDERNAGAR, DISTRICT
MANDI, HIMACHAL PRADESH
3. NAND LAL SON OF SHRI
BALAK RAM, RESIDENT OF
VILLAGE PANJRAHAN,
(FANGWAS), TEHSIL
SUNDERNAGAR, DISTRICT
MANDI, HIMACHAL PRADESH
4. JAI KUMAR SON OF SHRI
BALAK RAM, RESIDENT OF
VILLAGE PANJRAHAN,
(FANGWAS), TEHSIL
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2
SUNDERNAGAR, DISTRICT
MANDI, HIMACHAL PRADESH
5. SHAKUNTALA WIF FO
SHRI BESARIA, RESIDENT OF
.
VILLAGE PANJRAHAN,
(FANGWAS), TEHSIL
SUNDERNAGAR, DISTRICT
MANDI, HIMACHAL PRADESH
6. NIRMALA DEVI WIFE OF
SHRI BESARIA, RESIDENT OF
VILLAGE PANJRAHAN,
(FANGWAS), TEHSIL
SUNDERNAGAR, DISTRICT
MANDI, HIMACHAL PRADESH
7. SARLA DEVI WIFE OF
SITA RAM, RESIDENT OF
VILLAGE BHUWARA (KAMAND),
TEHSIL SUNDERNAGAR,
DISTRICT MANDI, HIMACHAL
PRADESH
8. KALA DEVI WD/O SHRI
BALA RAM, RESIDENT OF
VILLAGE BHUWARA (KAMAND),
(FANGWAS), TEHSIL
SUNDERNAGAR, DISTRICT
MANDI, HIMACHAL PRADESH
9. BIMLA W/O BALAK RAM,
RESIDENT OF VILLAGE
PANJRAHAN, (FANGWAS),
TEHSIL SUNDERNAGAR,
DISTRICT MANDI, HIMACHAL
PRADESH
......RESPONDENT/PLAINTIFF
(BY MR. GAMBHIR SINGH
CHAUHAN AND MR. SURENDER
VERMA, ADVOCATES FOR R-1)
Whether approved for reporting?
This appeal coming on for orders this day, the Court
passed the following:
JUDGMENT
By way of instant Regular Second Appeal, filed under Section 100 of the Code of Civil Procedure, challenge has been laid to judgment and decree dated 26.09.2018, passed by learned Additional ::: Downloaded on - 31/01/2022 23:30:37 :::CIS 3 District Judge (1), Mandi, District Mandi, H.P. in Civil Appeal No.70/2015, affirming the judgment and decree dated 29.05.2015, .
passed by learned Civil Judge (Senior Division), Court No.1, Sundernagar, District Mandi in Civil Suit No.21-I/2012, whereby suit for declaration and permanent prohibitory injunction under Section 34, 37 & 38 of the Specific Relief Act, having been filed by the respondent/plaintiff (hereinafter referred to as 'plaintiff') came to be partly decreed.
2. Before the appeal at hand could be heard and decided on its own merits, matter came to be referred to mediation on the joint request of learned counsel representing the parties. It is heartening to note that with sincere efforts put in by learned Senior Advocate Mr. Naresh Kumar Sood, learned Mediator, parties have been able to resolve their dispute amicably inter se them, as is evident from order dated 21.12.2021, which is otherwise ordered to be made part of the instant proceedings. As per settlement arrived inter se parties, appellant Budhi Ram and respondent No.1,Duni Chand, had approached the concerned revenue authorities and with their assistance have identified the land on the spot in the presence of the revenue authorities, which has to be left in the exclusive ownership of appellant Budhi Ram. Khasra numbers which are to be treated in the exclusive ownership of Budhi Ram, i.e. Kitas 37, measuring 06-17-17, have been detailed in the certificate issued on 18.12.2021 by the concerned Patwari, Tehsil Nihri, District Mandi, H.P. and such ::: Downloaded on - 31/01/2022 23:30:37 :::CIS 4 certificate is marked as Annexure -I in the record of Learned Mediator.
Parties have agreed to remain bound by the details recorded in .
Annexure-1. Order dated 21.12.2021, passed by learned Mediator, clearly reveals that respondent Sh. Duni Chand and Sh. Surinder Verma, Advocate, accepted and admitted the correctness of Annexure-
1 and categorically stated before learned Mediator that respondents shall have no objection whatsoever, in case appellant Budhi Ram is acknowledged/treated as absolute owner of the land detailed in Annexure-1 without any claim, demand or right whatsoever r of the respondents or anyone claiming through or under them. They have also agreed that they shall have no objection in case the concerned revenue records are corrected as per above settlement. It is also a term of settlement between the parties that at present on certain portion of land, which has been allotted to appellant Budhi Ram as exclusive owner, crop has been sown by few respondents, who after having reaped the crop shall handover the peacefully exclusive possession to appellant Budhi Ram. Statements of the parties recorded by learned Mediator, shall form part of the instant proceedings.
3. Consequently, in view of the aforesaid amicable settlement arrived inter se parties, present appeal is allowed and judgment and decree dated 26.09.2018, passed by learned Additional District Judge (1), Mandi, District Mandi, H.P. in Civil Appeal No. 70/2015 and judgment and decree dated 29.05.2015, passed by learned Civil Judge (Senior Division), Court No.1, Sundernagar, District ::: Downloaded on - 31/01/2022 23:30:37 :::CIS 5 Mandi in Civil Suit No. 21-I/2012, are modified to the extent that appellant Budhi Ram shall be treated as absolute owner of the land as .
detailed in Annexue -1, i.e. certificate issued on 18.12.2021 by the concerned Patwari. Registry is directed to draw fresh decree, in terms of compromise as detailed in order dated 21.12.2021, passed by learned Mediator. With a view to give complete effect to the settlement arrived inter se parties, District Collector, Mandi, is directed to ensure that joint holdings of respondents are separated on the spot as per their r family settlement by associating respondents, expeditiously, preferably within a period of three months.
In view of the above, present appeal is disposed of, so also the pending application(s), if any.
(Sandeep Sharma) Judge 29th December, 2021 (reena) ::: Downloaded on - 31/01/2022 23:30:37 :::CIS