RSA/3/2022 on 30 December 2021

J U D G M E N T

Appellants have preferred this appeal against judgment and decree dated 30.01.2014 passed by learned District Judge, Hamirpur HP in Civil Appeal No. 52 of 2011 titled Karam Chand and others vs. Kashmir Chand, whereby judgment and decree dated 27.5.2011 passed by learned Civil Judge (Junior Division), Court No.2, Hamirpur, District Hamirpur in Civil Suit No. 139 of 1999, titled Kashmir Chand vs. Karam Chand and others has been affirmed.

In judgment and decree passed against the defendants-appellants, they have been directed to construct a room 15 X 10 feet Tin posh over Khata No. 175 min, Khatauni No. 191 min, Khasra No. 178, area 10 Kanals as per jamabandi for the year 1996-97 situated in Tika Jangal, Tappa Jangal Rajgir, Tehsil Sujanpur, District Hamirpur HP which was demolished by them on 25.11.1998 or to make the loss of Rs.35,000/- good by paying the amount to plaintiff.

Today, Mr. Sandeep Kumar son of appellant No.1 Karam Chand and appellant No.5 Sandhya Devi, and Vijay Kumar son of appellant No.3 Shakuntla Devi are present in person and they have handed over a cheque No. 403060 dated 29.12.2021 to respondent on behalf of appellants issued by their friend one Raj Singh Rangra to be drawn at Punjab National Bank for satisfying the decree passed against the appellants.

Plaintiff/respondent Kashmir Chand is also present and his statement, on oath, has been recorded, which reads as under:- “I am plaintiff in present case. Suit filed by me was decreed in my favour by directing the defendants to construct a 15 X 10 feet Tin Posh room over Khata No. 175 min, Khatauni No. 191 min, Khasra No. 178, area 10 Kanals as per jamabandi for the year 1996-97, situated in Tika Jangal, Tappa Jangal Rajgir, Tehsil Sunjanpur, District Hamirpur HP which was demolished by defendants on 25.11.1998 or to make the loss of Rs.35,000/- good by paying the said amount to me. The appeal preferred by appellants was dismissed and they have approached this Court by filing present appeal.

Now the matter has been settled and decree also stands satisfied as appellants have handed over a cheque bearing No.403060 dated 29.12.2021, amounting to Rs.35,000/- to be drawn at Punjab National Bank issued by Raj Singh Rangra. The said cheque has been handed over to me by Vijay Kumar son of Shri Sarwan Kumar and Shakuntla Devi on behalf of appellant/defendants. In case, the cheque is honoured and amount is transferred in my account, then judgments and decrees passed in my favour shall be considered as satisfied and in case, the cheque is dishonoured then I shall have every right to execute the decrees in accordance with law. I have also filed Execution Petition for execution of judgment and decree passed in my favour, which is pending adjudication before the trial/Executing Court. After encashment of the cheque, I shall withdraw the said Execution Petition. I have accepted the cheque for assurance given on behalf of appellants that cheque shall be honoured on its presentation in the Bank. My aforesaid deposition in Court is out of my free will, consent, and also without any kind of threat, coercion or pressure etc.”

In view of statement made by respondent/plaintiff, Execution Petition filed by respondent for executing decree dated 27.5.2011 passed by learned Civil Judge (Junior Division), Court No.3, Hamirpur in Civil Suit No. 139 of 1999, titled Kashmir

Chand vs. Karam Chand and others, pending in the trial Court shall also be closed on encashment of cheque, handed over to respondent. Needless to say that for dishonour of cheque respondent/plaintiff/Decree Holder shall have right to execute the decree by pursuing/filing Execution Petition.

Learned counsel for appellant, under instructions of family members present in Court, submits that in view of compromise and payment of Rs.35,000/-, he has instructions to withdraw the appeal. In view of above, appeal is dismissed along with pending application, as withdrawn. December 30, 2021

(Vivek Singh Thakur)

(ms) Judge