Himachal Pradesh High Court
RSA/254/2000 of JAYOTI PARKASH Vs BISHAN DASS on 31 December 2010
of 2000 with CR No.139 of 2001 and RSA No.500 of 2008. Continued from previous order. 31.12.2010. Present: As above. In an attempt to concile the matter as per the orders dated 29.12.2010, the parties are present and the matter has been finally and fully settled inter-se the parties, as per
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RSA No.254 of 2000 with CR No.139 of 2001 and RSA No.500 of 2008.
Continued from previous order.
31.12.2010. Present: As above.
In an attempt to concile the matter as per the orders dated 29.12.2010, the parties are present and the matter has been finally and fully settled inter-se the parties, as per statements separately recorded. Shri Narottam Sharma in his statement recorded today has given the details of terms and conditions of the compromise, which is agreed by his brother Shri Jyoti Prakash, present in the Court and their counsel Shri K.D. Sood, Advocate and also by respondents Bishan Dass and Dhani Ram, present in the Court alongwith their counsel Shri Ramakant Sharma, Advocate and Ms. Aruna Sharma, Advocate, appearing vice Mrs. Jyotsna Rewal Dua, Advocate for the respondents (in RSA No.500 of 2008). All the above matters alongwith the pending matters in the subordinate Courts at Hamirpur stand settled, on the following terms and conditions:- (a)That the appellants had agreed to pay Rs.9,00,000/- in equal proportion by way of Bank Drafts, which have pay Rs.9,00,000/- in equal proportion by way of Bank Drafts, which have (b)
(c) been prepared by the UCO Bank, High Court branch and handed over to Shri Bishan Dass and Shri Dhani Ram vide Bank Draft Nos. 714444, 714445 dated 31.12.2010, respectively under their signatures, in the presence of their respective counsel.
The possession of the tenanted premises has been handed over by the respondents to the appellants, but for the removal of the saw-mill shed, Adda and Electric Meter, which shall be removed by the respondents within a period of 15days from today, failing which, it shall belong to the appellants.
In view of the compromise, the appellants withdraw RSA No.254 of 2000alongwith RSA No.500 of 2008and Civil Revision No.139 of 2001filed by them before this Court, which are ordered to be dismissed as withdrawn in view of the compromise recorded in detail, in terms of the statement of Shri Narottam Sharma, appellant. The appellants shall withdraw the amount deposited by them either in these RSAs or any other amount deposited by the respondents in the subordinate Court qua the disputed land/ tenanted premises.
(d) Respondents shall also withdraw the cases with respect to the tenanted premises filed by them and appellants shall also withdraw the cases filed against the respondents with respect to the tenanted premises in the subordinate Courts at Hamirpur, on the first available opportunity when the cases shall be listed before it, failing to put in appearance for making statement for withdrawal by any of the respondents, it shall be deemed to have been dismissed in view of their statements recorded before this Court today.
Since both the RSA’s have ended in compromise, therefore, the appellants shall be entitled for the refund of the court fee as per rules.
All the matters pending in this Court referred above stand disposed of in the aforesaid terms.
December 31, 2010. (Pds)
(Surinder Singh),J.