CR/136/2022 of M/S DAYAL SONS CLOTH MERCHANTS Vs M/S R.S. PURAN MULL TRUST on 18 August 2026

2026:HHC:35238

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CR No. 136 of 2022

Date of decision: 18.08.2026. M/s Dayal Sons Cloth Merchants

...Petitioner.

Versus

M/s R.S. Puran Mull Trust Shimla

...Respondent.

Coram:

The Hon’ble Mr. Justice Romesh Verma, Judge.

Whether approved for reporting?1 For the petitioner : Mr. Neeraj Gupta, Sr. Advocate with Mr. Ajit Pal Singh Jaswal, Advocate.

For the respondent : Mr. Ashok Sood, Sr. Advocate with Mr. Rajat, Advocate.

Romesh Verma, Judge (Oral):

The instant petition arises out of the order as passed by the learned Rent Controller, Court No.1, Shimla, dated 02.08.2022 in Objection Petition No. 2559 of 2022 in Execution Petition No. 900225 of 2014.

2. It is heartening to note that with the intervention of learned counsel for the parties, the dispute inter-se the parties has been settled.

3. The facts as emerge in the present case are that the decree-holder/respondent instituted a petition against the

Whether reporters of Local Papers may be allowed to see the judgment?

judgment-debtor, seeking physical possession of the premises in question, in pursuance to the eviction order, as passed by the competent Court of law including the Hon’ble Supreme Court of India.

4. In the Execution Petition No. 900225 of 2014, the petitioner filed Objections No. 2559 of 2022, which came to be dismissed by the learned Executing Court vide its order dated 02.08.2022.

5. Feeling dissatisfied, the present petitioner has approached this Court challenging the impugned order as passed by the learned Rent Controller, Court No. 1, Shimla, dated 02.08.2022.

6. During the pendency of the petition, the parties have compromised the matter and in that regard, an application under the provisions of Order 23 Rule 3 read with Section 151 of CPC, has been placed on record for recording of the compromise and for the orders. The said application be registered. The terms and conditions of the compromise, which has been arrived at between the parties, have been incorporated in the application and the same is duly supported by an affidavit of the petitioner Sh. Amarjeet Singh, proprietor of petitioner/judgment-debtor.

7. Statements of both the parties have been recorded separately. The application and the affidavits are exhibited as Ext. C-1. In terms of the compromise which has been effected between the parties, the present petition stands compromised and it is ordered to be disposed of strictly in terms of the conditions which have been incorporated in the application.

8. Therefore, the present petition as well as execution petition filed by the decree-holder/respondent stands disposed of in view of the compromise as entered into between the parties. Liberty is granted to the present petitioner/judgment debtor and respondent/decree-holder to revive the same in case any of the conditions/stipulations as contained in the settlement is violated in any manner. Similarly, in case any of the terms and conditions is violated by any party, the aggrieved party shall be at liberty to initiate appropriate proceedings including filing the petition for Contempt of Courts Act. The compromise shall form part and parcel of the eviction order which stood affirmed by the Hon’ble Apex Court.

9. It has been stipulated in the application by both the parties that CMP No.29836 of 2025 which has been filed by the applicant-respondent shall stand withdrawn unconditionally by the applicant-respondent. In view of the compromise, whereby it has been incorporated that the present respondent-applicant shall withdraw the application, therefore, the same is dismissed as withdrawn.

10. Accordingly, in view of the settlement as arrived between the parties, the present petition as well as the Execution Petition No. 900225 of 2014, pending before the learned Rent controller, Court No.1, Shimla, filed by the decree- holder, stands disposed of.

(Romesh Verma)

Judge 18th August, 2026. (kck)