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2018 DAILYLAW 4907 (PNJ)

ASHOK KUMAR THAKRAL THRU HIS LRS v. BISHAMBER NATH AND ORS

RSA/6432/2018 · 2026-04-22

Nidhi Gupta

body2018

Judgment text

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RSA-6432- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 139 Ashok Kumar Thakral (Thr. his LRs) Bishamber CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. judgment of reversal plaintiff/respondents District Judge, Hisar; and the judgment and decree dated passed by the learned Additional Civil Judge (Senior Division), dismissing the suit for injunction filed by the plaintiff 2. was listed for h -2018 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA Date of Decision: Ashok Kumar Thakral (Thr. his LRs) Versus Bishamber Nath and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Shiv Kumar Sharma, Advocate for the appellant. Mr. Anurag Jain, Advocate for respondent No. 1. NIDHI GUPTA, J. (ORAL) Defendant No. 3/plaintiff is in judgment of reversal dated 29.08.2018 plaintiff/respondents No. 1 and 2 was allowed by the learned Additional District Judge, Hisar; and the judgment and decree dated passed by the learned Additional Civil Judge (Senior Division), dismissing the suit for declaration with consequential relief of permanent filed by the plaintiff, was set aside. On the last date of hearing i.e. was listed for hearing, following order has been passed by this Court: “CM-3699-C-2021 Prayer in this application filed under Order XXII Rules 4 and 11 read with Section 151 CPC and Volume V, Chapter 1, Part C, Rule 5(b) and Orders of Punjab and Haryana High Court for impleading and bringing on record the LRs of respondent No. 1 deceased). It is stated that appellant/respondent No. 1 died on 22.11.2019, during the pendency of the present appeal IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-6432-2018 (O&M) Date of Decision: 22.04.2026 .… Appellant .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Shiv Kumar Sharma, Advocate for the appellant. Jain, Advocate for respondent No. 1. Defendant No. 3/plaintiff is in second appeal against the whereby the appeal filed by was allowed by the learned Additional District Judge, Hisar; and the judgment and decree dated 20.12.2013 passed by the learned Additional Civil Judge (Senior Division), Hisar declaration with consequential relief of permanent , was set aside. On the last date of hearing i.e. 16.02.2026 when this case earing, following order has been passed by this Court:- Prayer in this application filed under Order XXII Rules 4 and 11 read with Section 151 CPC and Volume V, Chapter 1, Part C, Rule 5(b) and Orders of Punjab and Haryana High Court for impleading and bringing on record the LRs of respondent No. 1-Bishamber Nath(since It is stated that appellant/respondent No. 1 died on 22.11.2019, during the pendency of the present appeal second appeal against the whereby the appeal filed by was allowed by the learned Additional declaration with consequential relief of permanent se Prayer in this application filed under Order XXII Rules 4 and 11 read with Section 151 CPC and Volume V, Chapter 1, Part C, Rule 5(b) and Orders of Punjab and Haryana High Court for impleading and bringing on record Bishamber Nath(since It is stated that appellant/respondent No. 1 died on 22.11.2019, during the pendency of the present appeal RISHU KATARIA 2026.04.24 13:26 I attest to the accuracy and authenticity of this order/judgment. RSA-6432- 3. from the Mediator, as per which matter has been settled between the parties by way of Settlement/Compromise dated 4. dispute which settled between the parties by way of 16.03.2026 Conciliation Centre of this Court present second appeal may be disposed of in terms of aforesaid Settlement/C 5. -2018 (O&M) -2- leaving behind no other legal he 2 of the application. For the reasons stated in the application, duly supported by the affidavit, the same is allowed subject to all just exceptions and the persons detailed in para No. 2 of the application are permitted to representatives of deceased/respondent No. 1 for the purpose of pursuing the present appeal. Amended memo of parties filed along with the application is taken on record. Registry to place the same at the proper place in the paper-book. RSA-6432-2018 (O&M) At the joint request of learned counsel for the parties, the matter is referred to the Mediation and Conciliation Centre of this Court in view of the Mediation for Nation-2.0’, initiated under the aegis of the Hon’ble Supreme Court for exploring the possibility of an amicable settlement between the parties as the dispute in the present case is between the family members. Learned counsel for the parties shall duly put in appearance Sandhu, Coordinator, Mediation and Conciliation Centre of this Court (Mobile No. 98888- A.M. Adjourned to 22.04.2026, Mediator.” Pursuant thereto, report dated 16.03.2026 has been received from the Mediator, as per which matter has been settled between the parties by way of Settlement/Compromise dated Learned counsel for the parties are dispute which is the subject matter of the present settled between the parties by way of 16.03.2026 arrived at between the parties before the Mediation and Conciliation Centre of this Court. It is, accordingly, prayed that the present second appeal may be disposed of in terms of aforesaid Settlement/Compromise arrived at between the parties. Heard. leaving behind no other legal heirs fully detailed in para No. For the reasons stated in the application, duly supported by the affidavit, the same is allowed subject to all just exceptions and the persons detailed in para No. 2 of the application are permitted to be brought on record as legal representatives of deceased/respondent No. 1 for the purpose of pursuing the present appeal. Amended memo of parties filed along with the application is taken on record. Registry to place the same at the proper place in the At the joint request of learned counsel for the parties, the matter is referred to the Mediation and Conciliation Centre of this Court in view of the ‘Special Mediation Drive- initiated under the aegis of the for exploring the possibility of an amicable settlement between the parties as the dispute in the present case is between the family members. Learned counsel for the parties undertake that they shall duly put in appearance before Dr. Amarpreet Kaur Sandhu, Coordinator, Mediation and Conciliation Centre of -81287) on 16.03.2026 at 10:00 22.04.2026, for awaiting report of the , report dated 16.03.2026 has been received from the Mediator, as per which matter has been settled between the parties by way of Settlement/Compromise dated 16.03.2026. parties are ad idem that the entire the present second appeal stands settled between the parties by way of Settlement/Compromise dated arrived at between the parties before the Mediation and It is, accordingly, prayed that the present second appeal may be disposed of in terms of aforesaid ompromise arrived at between the parties. irs fully detailed in para No. For the reasons stated in the application, duly supported by the affidavit, the same is allowed subject to all just exceptions and the persons detailed in para No. 2 of the be brought on record as legal representatives of deceased/respondent No. 1 for the purpose Amended memo of parties filed along with the Registry to place the same at the proper place in the At the joint request of learned counsel for the parties, the matter is referred to the Mediation and Conciliation initiated under the aegis of the for exploring the possibility of an amicable settlement between the parties as the dispute in the undertake that they before Dr. Amarpreet Kaur Sandhu, Coordinator, Mediation and Conciliation Centre of at 10:00 for awaiting report of the , report dated 16.03.2026 has been received from the Mediator, as per which matter has been settled between the the entire Settlement/Compromise dated arrived at between the parties before the Mediation and It is, accordingly, prayed that the present second appeal may be disposed of in terms of aforesaid RISHU KATARIA 2026.04.24 13:26 I attest to the accuracy and authenticity of this order/judgment. RSA-6432- 6. counsel for the parties, the terms of Settlement/Compromise dated 7. aforesaid Settlement/Compromise dated decree-sheet; and the decree Settlement/Compromise. 8. 9. terms and conditions of the aforesaid 16.03.2026 10. 22.04.2026 rishu -2018 (O&M) -3- In view of the afore-noted facts and submissions of learned counsel for the parties, the present second appeal stands terms of Settlement/Compromise dated 16.03.2026. Learned counsel for the parties aforesaid Settlement/Compromise dated 16.03.2026 sheet; and the decree-sheet may also Settlement/Compromise. Ordered accordingly. It is needless to say that both the parties shall abide by the terms and conditions of the aforesaid 16.03.2026 Pending application(s), if any, shall also stand disposed of. 22.04.2026 Whether speaking/reasoned Whether Reportable noted facts and submissions of learned present second appeal stands disposed of, in 16.03.2026. Learned counsel for the parties have jointly submit that the 16.03.2026 be made part of the may also be modified as per the said eedless to say that both the parties shall abide by the terms and conditions of the aforesaid Settlement/Compromise dated Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Yes/No noted facts and submissions of learned in submit that the be made part of the be modified as per the said eedless to say that both the parties shall abide by the dated RISHU KATARIA 2026.04.24 13:26 I attest to the accuracy and authenticity of this order/judgment.