Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3716 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
IA/15382 of 2024 (for Miscellaneous Application with Supplementary Affidavit) in SA No.10 of 2013 Hon’ble Rakesh Thapliyal, J.
1. Mr. Nikhil Singhal and Mr. Shankar Aggarwal, learned counsel for the appellants.
2. Mr. Siddhartha Singh, learned counsel for the respondent.
3. The instant Second Appeal arises out of a suit filed by the respondent/plaintiff for specific performance, which was dismissed, against which, a first appeal was preferred, which was allowed and being aggrieved with the order of first appellate, the defendant/appellant preferred the instant second appeal, which was admitted on 18.01.2023. Now, supplementary affidavit has been filed by the appellant No.2 on 17.11.2024, wherein a reference of a settlement, arrived in between the parties, has been given, which was filed in another pending injunction suit i.e. Original Suit No.47 of 2013,
“Smt. Vinod Devi versus Roopram and others” and in view of settlement, the suit was decided and decreed on 12.01.2024.
4. Now supplementary affidavit has been filed with this contention that, firstly, the settlement has been arrived in between the parties and they settled their disputes including the dispute relating to the subject matter of the instant second appeal.
5. It is also contended that the sale deed has now been executed in favour of the wife of the plaintiff/respondent on 27.10.2023. The counsel for the appellant No.1 also admits fact about settlement and execution of sale deed.
6. Mr. Siddhartha Singh, learned counsel for the plaintiff/respondent has also not disputed this. It has also been informed to this Court that, while admitting the instant second appeal, the appellants were directed to deposit
2025:UHC:3716 a sum of Rs.4,00,000/- (Rupees Four Lacs only) with the Registry, which was already complied with.
7. The copy of the compromise entered in between the parties, which was filed in Original Suit No.47 of 2013, is also enclosed along with the supplementary affidavit at page No.40. Since now the parties have already settled their dispute in respect of the subject matter of the instant Second appeal, therefore, it is prayed that instant Second appeal be disposed of in terms of the compromise entered between the parties.
8. In view of the submission as advanced by
learned counsel for the parties, the instant second appeal is disposed of finally in view of the compromise entered in between the parties dated 12.09.2023. The amount, as deposited by the appellants before the Registry in compliance with the order dated 18.01.2013, is
directed to be returned to the appellants and the Registry is directed to proceed to refund the amount in accordance with law.
(Rakesh Thapliyal, J.) 08.05.2025 R.Bisht
2025:UHC:3716