Extracted from the PDF above. The PDF is authoritative.
1 2013:HHC:12335 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CMPMO No. 4089 of 2013 Date of decision: 04.07.2025 Mahinder Singh & Anr. …Petitioners Versus Dila Ram & Ors.
…Respondents Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. Whether approved for reporting? No. For the Petitioners: Mr. K. D. Sood, Sr. Advocate with Mr. Sanjeev Sood, Advocate. For the Respondents: Mr. Suneet Goel, Sr. Advocate with Mr. Vivek Negi, Advocate. Petitioner No. 1- Mahinder Singh and Respondent No. 2-Rikhi Ram, present in person. Tarlok Singh Chauhan, Judge (Oral) CMP No. 15321 of 2025 Be registered.
2. Heard. The joint application, duly supported by the affidavit(s) of the respective parties, for placing on record the settlement/compromise between the parties, is allowed. Application stands disposed of.
CMPMO No. 4089 of 2013
3. On 26.06.2025, the Court passed the following
order:-
2 2013:HHC:12335
“Looking into the nature of dispute, I am of the considered opinion that an endeavour needs to be made to resolve the dispute amicably. Therefore, let both the parties or their authorized representative remain present before this Court on the next date of hearing.”
4. Today, the parties have appeared and have amicably settled all their disputes, and the terms of such compromise/settlement have been duly reduced in writing in the joint application filed at their instance.
5. It shall be apt to reproduce the terms of settlement/compromise as set out in the application, which read as under:-
“2. That during the course of proceedings, the parties have arrived at an amicable settlement/compromise out of their own free consent, desire and volition in the following terms: a. That the applicant/respondent No. 2 shall remove the door/chowkhat and walls measuring about 7 feet existing at the entrance of his house to provide access to the applicants/petitioner and their family members for their vehicle(s) through his court yard existing in Khasra No. 226 and shall also keep the same free of any kind of obstructions. The applicant/respondent No. 2 specifically states that the other respondents have nothing to do with the lis and he shall alone be responsible in case of any breach. b. That the applicant/petitioners and their family members shall use the court yard only for the purpose of ingress and egress of their vehicle(s) and shall not park their vehicles in the court yard and/or in any manner obstruct the same.
3 2013:HHC:12335 c. That the parties hereto agree to abide by the terms of this settlement/compromise and the present CMPMO and Civil Suit No. Civil Suit No. 30 K/1 of 2010 titled Mohender Singh & another versus Dila Ram & others pending adjudication in the Court of Learned Civil Judge Junior Division, Kandaghat, Solan (H.P.) may be
disposed in terms of this compromise, which shall form part of the judgement and decree. d. That the parties hereto shall abide by the settlement/ compromise and failure on part of any party to abide by any term of this settlement/compromise shall amount to contempt of Court, for which the parties shall be at liberty to approach this Hon'ble Court and to have the settlement/compromise executed.
3. That the parties have clearly understood the terms of the settlement and have arrived at the same without being under any sort of coercion, misrepresentation, undue influence, fraud, etc. The applicant/petitioner No. 1 specifically states that he is the GPA holder of applicant/petitioner No. 2 that he has had consultations with
him
and
is
entering
into
this compromise/settlement with his concurrence, who shall also remain bound by the terms and conditions of this compromise/settlement.
6. The parties who are present in person and have been duly identified as such by their respective counsels have jointly stated that the civil suit may be disposed of in terms of the compromise, which has been entered by them out of their free consent, desire and volition.
7. Accordingly, the present application for compromising the lis is allowed and the Civil Suit No. 30 K/1 of
4 2013:HHC:12335 2010, titled as Mohinder Singh & Anr. vs. Dila Ram & Ors, pending adjudication in the Court of learned Civil Judge (Junior Division), Kandaghat, Solan, H.P. is disposed of in terms of the aforesaid settlement/compromise.
8. The joint application filed by the parties for recording of the compromise being CMP No. 15321 of 2025 shall form part and parcel of the decree sheet.
9. It is further made clear that the parties shall abide by the settlement/compromise and failure on the part of any party to abide by any terms of the settlement/compromise shall amount to contempt of Court, for which the aggrieved party shall be at liberty to approach this Court and have the settlement/compromise or any part thereof executed.
10. The petition stands disposed of in the aforesaid terms, so also pending application, if any. (Tarlok Singh Chauhan)
Judge
04.07.2025
(sanjeev)