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2025 DAILYLAW 13762 (HP)

VIDYA KIRTI v. MANDIR MANGLA KALI

RSA/106/2025 · 2025-09-19

Bipin Chander Negi

body2025

Judgment text

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1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RSA No.106 of 2025 a/w RSA No.105 of 2025 Date of Decision : 19.09.2025 RSA No.106 of 2025 Vidya Kirti …… Appellant versus Mandir Mangla Kali ……Respondent RSA No.105 of 2025 Vidya Kirti versus Mandir Mangla Kali ……Respondent Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 No For the appellant : Mr. G.D. Verma, Senior Advocate with Mr. Sumit Sharma, Advocate. For the respondent : Mr. J.P. Sharma, Advocate. Bipin Chander Negi, Judge (oral) Shri Vidya Kirti Negi (appellant), Shri Chander Kant (Sewadar), Shri Shesh Kumar (President) and Rukosh Sharma (Cashier)-representatives of respondent-Temple, are present in person. 2. Vide order dated 28.08.2025, the matter inter the parties had been referred to the mediation. In the mediation, parties have compromised the matter by virtue of a written compromise inter se the parties, dated 09.09.2025 in the following terms:- 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 “1. Second Party Mangla Kali, Sudhar Sabha Lalsa, agreed to lease the suit and comprised in Khewat No.88 min, Khatauni No.206 min, Khasra No.734, Kita 1 measuring 01-15-98 hectares situated in Mohal Darshal, Tehsil Rampur Bushahr, District Shimla, H.P., (hereafter called as suit land) to First Party i.e. Shri Vidya Kirti agreed to give the lease consideration amount of Rs.20,00,000/- (Twenty Lacs) in lump sum and Rs.4,000/- (Four Thousand) annual lease money to Second Party. First Party has agreed to pay the lease consideration amount of Rs.20,00,000/- (Twenty Lacs) by way of cheque or demand draft before the Hon’ble Court on the next date of hearing. 2. After this lease the in the Revenue entries/Jamabandi etc. the Mandir Mangla Kali, Lalsa remain as owner for all purpose and First Party shall not claim any ownership right over the above said land and First Party shall remain as a leasse. 3. First Party pay annual lease amount i.e. Rs.4,000 (Four Thousand) to the respondent i.e. Mandir Mangla Kali, Lalsa/Second Party and if, First Party fails to comply the same the Second Party has right to cancel the lease deed and take the possession of the suit property as referred to above. 4. Second Party has no objection if First Party use the aforesaid land for all intends and purposes. However, the First Party cannot sell/re-lease any third party interest in the aforesaid. 5. Both the parties have agreed that they will withdraw all the litigation pending between them including RSA Nos.105 & 106 of 2025 pending before the Hon’ble High Court of H.P. 6. Both the parties have agreed that they have signed the said Compromise out of their free will and understood the same to be correct and learned counsel for the parties have explained the terms and conditions reduced in Hindi Vernacular language. 7. Both the parties have further agreed that in the event of any controversy in connection with terms and conditions of 99 years lease, parties shall decide the same amicably. 8. Both the parties have also agreed that they shall remain bound by the terms and conditions contained in this Compromise Deed and this Compromise Deed may be made part of the judgment and decree which will be passed by this Hon’ble Court and accordingly, finding by the both the learned Courts below in Civil Suit and Counter Claim shall be modified.” 3 3. In terms of the Compromise, the suit has been wholly adjusted by way of a lawful agreement made in writing and duly signed by the parties as well as the learned Mediator. 4. In terms of the Compromise so arrived at between the parties, Shri Vidya Kirti-appellant/ defendant, in the case at hand, has issued a cheque bearing No.000037 dated 19.09.2025 drawn on UCO Bank, Taklech, Village and Post Office, Taklech, Tehsil Rampur Busher, Shimla, for a sum of Rs.20,00,000/-. The same has been handed over to the representative of the present respondent/Shri Shesh Kumar (President). Compromise Decree be drawn, wherein, the terms and conditions of the Compromise Deed, mentioned here-in-above be incorporated. 5. In view of above, present appeals stand disposed of, so also, pending miscellaneous application(s), if any. (Bipin Chander Negi) September 19, 2025 (KS) Judge