2025:HHC:17898 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RSA No. 312 of 2019 Date of decision: 4 .6 .202 5 Jeewan Prakash. ….Appellant. Versus Amit Kalia. ….Respondent. Coram The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting?1 For the Appellant : Mr.Ajay Thakur, Advocate, vice Mr.Sunny Modgil, Advocate. For the Respondent: Mr.Anand Sharma, Senior Advocate, alongwith Mr.Karan Sharma, Advocate. Vivek Singh Thakur, Judge (Oral) This appeal has been preferred by appellant against judgment and decree dated 29.3.2019 passed by Additional District Judge (I), Una, in Civil Appeal No. 138 of 2018, titled as Jeewan Parkash Vs. Amit Kalia, whereby judgment and decree dated 28.10.2016 passed by Civil Judge (Senior Division) Court No.1, Amb, District Una, H.P. in Civil Suit No. 131 of 2008, titled as Amit Kalia Vs. Jeewan Parkash, has been affirmed. 1Whether the reporters of the local papers may be allowed to see the Judgment? Yes 2025:HHC:17898 RSA No. 312 of 2019 2. During pendency of appeal, matter has been amicably settled between the parties and such settlement was incorporated in the order dated 6.5.2025, which reads as under:- “Mr.Mr.Sunny Modgil, Advocate had joined through Video Conferencing, however because of connectivity issue he could not make submissions clearly. However, now Ms.Ananya Verma, Advocate is present under instructions of Mr.Sunny Modgil, Advocate and submits that appellant/defendant is ready and willing to handover the possession of the suit property to the respondent/plaintiff as well as to execute the conveyance/re-conveyance as directed in the judgment and decree dated 28.10.2016 passed against him by Civil Judge (Senior Division), Court No. 1, Amb in Civil Suit No. 131 of 2008, titled as Amit Kalia Vs. Jeewan Parkash, affirmed by the Additional District Judge vice judgment dated 29.3.2019 in Civil Appeal No. 138 of 2018, titled as Jeewan Parkash Vs. Amit Kalia, on 9th May, 2025 and he shall be present in the Office of Sub Registrar, Bharwain at 10.00 A.M. for execution and registration of appropriate conveyance deed in compliance of judgments and decrees passed by the Courts and shall handover the possession of the suit property on the very same day to the respondent/plaintiff. It has been further submitted on behalf of appellant that immediately after completing the aforesaid part of performance on behalf of appellant, the amount deposited by the respondent be released in favour of the appellant. Learned counsel for the respondent has submitted that respondent has no objection for releasing the amount deposited in the Registry by the respondent, alongwith up to date interest, in case appellant executes and registers conveyance deed in terms of judgments and decrees passed in present matter. In view of above submissions, parties are directed to remain present in the office of Sub Registrar, Bharwain/Amb, District Una/concerned Registrar, exercising power with respect to Area to which 2 2025:HHC:17898 RSA No. 312 of 2019 the case belongs, to initiate execution and exercise of the requisite conveyance deed in compliance of the judgment and to handover and receive the possession of the suit property. As agreed, matter be listed for reporting compliance and further orders with respect to release of amount in case of compliance on the part of parties on 9th May, 2025, on 27th May, 2025.” 3. On 27.5.2025 matter was adjourned on request made on behalf of parties, which reads as under:- “As jointly prayed by learned counsel for the parties, matter is adjourned, in terms of order dated 06.05.2025, for consideration on 04.06.2025.” 4. Today Mr.Ajay Thakur, Advocate, appearing under instructions of original counsel Mr.Sunny Modgil, Advocate submits that he has instructions to communicate that appellant Jeewan Prakash has executed Re-conveyance Deed on 27.5.2025, which has been duly notarized. Stamp duty of 50/- in this regard has also been paid by appellant Jeewan Prakash ₹ by purchasing e-Stamp from Aman Thakur Stamp Vendor Amb, District Una, H.P. He has further submitted that he has instructions to pray for release of amount deposited by respondent in the Registry of this Court in furtherance to settlement arrived at between the parties keeping in view of re- conveyance Deed executed by appellant Jeewan Prakash, which has been handed over to the respondent in original. 3 2025:HHC:17898 RSA No. 312 of 2019 5. Learned counsel for the respondent has placed on record original Re-conveyance Deed (Ex. PA) execution whereof has been admitted by appellant Jeewan Prakash through counsel representing him in the appeal, and no objection has also been communicated on behalf of respondent for release of amount deposited by the respondent in favour of appellant Jeewan Prakash. 6. Relief granted in the judgment of Trial Court, which was affirmed by the Appellate Court, reads as under:- “21. Keeping in view my discussion and findings upon all issues above, present suit of the plaintiffs is decreed. The sale deed No. 172 dated 15.10.2004 is cancelled and the defendant is directed to execute reconveyance deed in favour of plaintiff and to hand over the possession of the suit land to the plaintiff, subject to payment of mortgage money of 2,50,000/- to the defendant. Preliminary decree be drawn accordingly. ₹ No order as to costs. Decree sheet be drawn accordingly.” 7. Decree sheet has also been drawn on the same lines, which has now been accepted by the appellant and appellant as well as respondent have complied with the same by performing their parts, as directed in the judgment and decree passed by the Trial Court. 8. In view of above, the amount deposited by the respondent in the Registry of this Court, is ordered to be released in favour of appellant alongwith up to date interest by remitting the same in his bank account 4 2025:HHC:17898 RSA No. 312 of 2019 mentioned in para 5 of CMP No. 12794 of 2025, photocopy of front page of bank pass book has also been placed on record. 9. The Re-conveyance Deed presented in the Court in original by respondent is also taken on record as Ex. PA and is made part of record. 10. In view of above, appeal is dismissed as withdrawn, as prayed by appellant, in aforesaid terms. Pending application(s) also stand disposed of in the same terms, including CMP No. 12794 of 2025. (Vivek Singh Thakur), 4th June, 2025 Judge. (Keshav) 5