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2025 DAILYLAW 10957 (HP)

RAJAT DHARIWAL AND OTHERS v. HITESH KUMAR

CS/31/2023 · 2025-03-20

Satyen Vaidya

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 2025:HHC:6747 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Civil Suit No. 31 of 2023. Decided on : 20 th March, 2025. Rajat Dhariwal & Ors. ...Plaintiffs. Versus Sh. Hitesh Kumar ....Defendant. Coram: The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the Plaintiffs: Mr. Mukul Sood, Advocate. For the Defendant: Mr. Bhuvnesh Sharma, Senior Advocate with Mr. Parav Sharma, Advocate. Satyen Vaidya, Judge (Oral). The case has been listed in production list. 2. Plaintiffs No.1 and 2 along with defendant are present in person. 3. It has been informed by the parties present as also by their respective counsel that the matter has been amicably settled during the mediation proceedings and mediation has been successful. 4. The file of mediation proceedings has been perused. As per the report dated 11.03.2025 of learned Mediator, the mediation has been successful. The parties 1 Whether reporters of the local papers may be allowed to see the judgment? have amicably resolved the subject matter of the suit inter se them, the terms of settlement have been reduced in writing dated 11.03.2025, Ex. Px, which bears the signatures of plaintiff No.1 and plaintiff No.3 as well as that of sole defendant. Their respective counsel have also signed in token of verification of signatures of their respective clients. 5. The parties have jointly prayed today for passing a decree in the suit on the basis of terms settled by them in mediation proceedings. The terms of settlement recorded in mediation proceedings held on 11.03.2025 have been shown to the parties present today and they acknowledged the same to be correct. Their respective statements have been recorded separately. 6. Today, plaintiff No.3 is not present in person and he is represented by plaintiff No.1 as his special power of attorney. The original power of attorney has been placed on record. Thus, the plaintiff No.1 made a statement today in the Court on his behalf as also on behalf of plaintiff No.3. 7. On 11.03.2025, when terms of settlement were recorded and signed by the parties in mediation proceedings, …2… ( 2025:HHC:6747 ) plaintiff No.2 Smt. Madhumita Halder w/o Shri Rajat Dhariwal was not present and for such reason her signatures were not appearing on the said document. However, plaintiff No.2 is present today as recorded above and her statement has already been recorded to further authenticate the terms of the settlement dated 11.03.2025. Plaintiff No.2 has also signed deed of settlement, Ex. Px, today in Court, admitting the same to be correct. 8. I have gone through the terms of the settlement, Ex. Px, arrived at between the parties and find all the terms to be lawful, therefore, there is no impediment in accepting such settlement and passing a decree on its basis. 9. Accordingly, the suit of the plaintiff is decree in terms of the settlement, Ex. Px, arrived at between the parties on 11.03.2025. The original terms of settlement, Ex. Px, have been taken on record of this suit and shall form the part of the decree. A copy of the terms of the settlement shall, however, be placed in the file of learned Mediator. Ordered accordingly. Court fee be refunded to the plaintiffs in accordance with the rules. …3… ( 2025:HHC:6747 ) 10. Decree sheet be prepared. 11. Pending applications, if any, also stand disposed of. (Satyen Vaidya) Judge 20th March, 2025. (jai) …4… ( 2025:HHC:6747 )