Himachal Pradesh High Court
Sh. Jagdish Kumar S/O Late Sh. Sonam Ram vs Sh. Lal Singh S/O Late Sh.Sonam Ram ... on 29 December, 2016
Author: P. S. Rana
Bench: P. S. Rana
HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
RSA No.554/2008
.
Date of order: December 29, 2016
Sh. Jagdish Kumar s/o late Sh. Sonam Ram
........Appellant/Plaintiff.
Versus
Sh. Lal Singh s/o late Sh.Sonam Ram deceased through his LRs Arun
Kumar s/o Sh. Lal Singh and others.
of
.....Respondents/Defendants
Coram:
The Hon'ble Mr. Justice P. S. Rana, Judge.
rt
Whether approved for reporting?1 Yes
For appellant : Mr. Tek Chand Sharma, Advocate
For respondents : Mr. Sanjeev Kuthiala, Advocate
P. S. Rana, J. (Oral)
Compromised decree passed under order XXIII Rule 3 CPC 1908:
At this stage learned Advocates appearing on behalf of parties filed application under order XXIII Rule 3 read with Section 151 CPC pleading therein that present RSA be disposed of as per terms and conditions of compromise Ext.PA placed on record. Court perused the compromise carefully. Court is satisfied that lawful compromise has been executed inter se parties. Permission to compromise the case granted in the ends of justice. Statement(s) of appellant namely Jagdish Kumar and newly impleaded LRs namely Arun Kumar and Ajay Kumar of 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes ::: Downloaded on - 15/04/2017 21:50:20 :::HCHP 2 deceased respondent recorded and placed on record. In view of above stated facts compromise decree is passed as per terms .
and conditions of compromise Ext.PA placed on record.
Compromise Ext.PA and statements of parties placed on record will form part and parcel of compromised decree sheet.
Decree(s) passed by learned Trial Court and learned First of Appellate Court modified accordingly as per terms and conditions of compromise Ext.PA and statements of parties. Learned rt Registrar (Judicial) is directed to prepare compromise decree forthwith in accordance with law. It is further held that independent title of any person in suit property not impleaded as co-party in present case will not be effected in any manner.
Parties are left to bear their own costs. Files of learned Trial Court and learned First Appellate Court alongwith certified copy of compromised order and compromised decree sheet be sent back forthwith. RSA No.554/2008 is disposed of. Pending application(s) if any also disposed of.
December 29, 2016 (P. S. Rana),
(rana) Judge.
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