( 2025:HHC:14466 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RSA No. 427 of 2019 Date of Decision: 16.05.2025. Rungi Devi & Anr. ...Appellants Versus Rajesh Gupta ...Respondent Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting?1 For the appellant : Mr. Amit Jamwal, Advocate. For the Respondent : Mr. Jeet Ram Poswal, Advocate. Vivek Singh Thakur, Judge The present appeal was preferred by Rungi Devi and Kamlesh against Rajesh Gupta against the judgment and decree dated 11.07.2019 passed by Additional District Judge-I, Solan, District Solan, H.P. in Civil Appeal No.14-S/13 of 2018 titled as “Rungi Devi & Anr. Vs. Rajesh Gupta” whereby judgment and decree dated 08.03.2018 passed by Civil Judge, Court No.2, Solan, District Solan in Civil Suit No.478/1 of 2014 titled as “Rajesh Gupta Vs. Rungi Devi & Anr.” has been affirmed whereby plaintiff Rajesh Gupta was held entitled for decree of mandatory injunction with direction to the defendants to vacate the suit property. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 ( 2025:HHC:14466 ) 2. Appellant No.2 Kamlesh and respondent Rajesh Gupta are children of appellant No.1 Rungi Devi. Kamlesh is unmarried, Rajesh Gupta is married to Bina Gupta and the couple has one daughter Turvi Gupta. 3. During the pendency of the appeal, appellant Rungi Devi has expired on 26.04.2021. The said fact has not been disputed, rather affirmed by both the parties and as agreed between the parties, name of Rungi Devi is ordered to be deleted from the array of the parties, as her legal heirs (Kamlesh and Rajesh Gupta) are already on record as a party opposite to each other. 4. During pendency of the appeal, suit property has been sold by Rajesh Gupta and he has purchased his own flat on The Mall, Solan, District Solan, H.P. and thereafter parties i.e. Kamlesh and Rajesh Gupta alongwith family of Rajesh Gupta are residing together in peaceful, harmonious and congenial atmosphere. 5. In aforesaid facts, Kamlesh and Rajesh Gupta have agreed to resolve the dispute amicably and have attended the Court, in person, today. In terms of compromise, Rajesh Gutpa has agreed to withdraw the suit. With respect to amicable settlement, their statements, on oath, have been recorded separately, which are reproduced as under:- Statement of Rajesh Gupta: “Appellant Rungi Devi was my mother and appellant Kamlesh is my real sister. In the facts and 3 ( 2025:HHC:14466 ) circumstances prevailing at the relevant point of time, I had filed a Civil Suit No.478/1 of 2014 before Civil Judge, Court No.II, Solan for mandatory injunction, future damages and mesne profit against my mother Rungi Devi and sister Kamlesh, which was decided vide judgment dated 08.03.2018 in my favour and defendants i.e. my mother and sister had suffered a decree which was passed in my favour declaring me entitled to decree of mandatory injunction with direction to the defendants to vacate the suit property at Village Oochghat, Teshil & District Solan, H.P. Defendants i.e. my mother and sister had preferred present Civil Appeal No.14-S/13 of 2018 titled as “ Rungi Devi & Anr. Vs. Rajesh Gupta” which was dismissed by Additional District Judge-II, Solan, District Solan, H.P. on 11.07.2019. Thereafter, my mother and sister had preferred present appeal RSA No.427 of 2019. During pendency of the appeal, interim protection was granted to the appellants. They continued to stay with my family in the suit property. My mother Rungi Devi had expired on 26.04.2021. The suit property was sold by me in the year 2022 and I purchased a flat on The Mall, Solan, H.P. and thereafter my family i.e. my wife Bina Gupta and daugther Turvi Gupta shifted to the said accommodation. 4 ( 2025:HHC:14466 ) Alongwith my family, my sister Kamlesh also shifted to the aforesaid accommodation and since then she is residing with my family. My sister Kamlesh is unmarried and now she is residing with my family peacefully and we have resolved our differences amicably. I have no objection as on date to continue to support her and allow her to live with my family in the aforesaid flat where all of us, including my sister Kamlesh, are residing in harmonious and congenial atmosphere. On account of death of my mother Rungi Devi, appeal with respect to her stands abated. In the aforesaid facts and circumstances, I intend to withdraw the suit filed by me and accordingly pray for that with further prayer to allow me to withdraw the suit and to set aside the decree passed in my favour against the defendants, now which is enforceable against my sister Kamlesh. I have entered into aforesaid compromise and deposing in the Court voluntarily out of free will, consent and also without any kind of threat, coercion or pressure etc.” Statement of Kamlesh has deposed as under: “I have heard the statement of my brother Rajesh Gupta recorded on oath, today in my presence. I endorse the same to be true and correct and I accept the same for amicable settlement between us. We have agreed to live and reside 5 ( 2025:HHC:14466 ) together peacefully, harmoniously in congenial atmosphere. I have entered into aforesaid compromise and deposing in the Court voluntarily out of free will, consent and also without any kind of threat, coercion or pressure etc.” 6. In view of aforesaid settlement and for the statements recorded on oath in terms of settlement arrived between the parties, Rajesh Gupta is permitted to withdraw the Civil Suit No.478/1 of 2014 and judgment and decree passed in favour of Rajesh Gupta and against Kamlesh is set aside. Statements of parties shall form part of the decree. 7. Appeal is disposed of in aforesaid terms, so also pending application(s), if any. (Vivek Singh Thakur) Judge May 16, 2025 (Rupsi)