M/S KISHORI LAL JAGAT RAM AND ANOTHER v. SHASHI SHARMA
CR/170/2024 · 2025-06-02
Bipin Chander Negi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25494 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25494 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Civil Revision No. 170 of 2024
Date of Decision: 02.06.2025 M/s Kishori Lal Jagat Ram & anr. ...Petitioners. Versus Shashi Sharma
…..Respondent Coram Hon'ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the petitioners: Mr. Ashok Sood Sr. Advocate with Mr. Ashok Banta, Advocate, for petitioner No.1. Petitioner No.2 is stated to have died. For the respondent: Mr. Neeraj Gupta, Sr. Advocate with Mr. Pranjal Munjal,Advocate. 4._ _______________________________________
Bipin Chander Negi
, Judge (oral)
The present petitioners were tenants and the respondent was the landlady before the Court below. Petitioners have suffered from both the trial Court as well as First Appellate Court. Feeling aggrieved thereof, the present Revision Petition has been filed. 2. During the pendency of the present Revision Petition, the matter inter se the parties stands compromised. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 The terms of the compromise are being reproduced herein for ready reference: (a) That respondent-applicant has no objection in case Smt. Rasna Bhagra is ordered to be substituted on record of the petition, in place of deceased petitioner No.2 on the basis of Registered Will dated 01.08.2011 bearing Registration No.136 of 2011 Sub Registrar Urban Shimla. (b) That petitioners-applicants (including Smt. Rasna Bhagra) have agreed and undertaken to suffer an Order of eviction in proceedings for eviction instituted by respondent-applicant and petitioners-applicants (including Smt. Rasna Bhagra) have no Order of eviction passed by both the Courts objection in case, the below are affirmed by this Hon'ble Court. However, petitioners-applicants have represented to hand over vacant and peaceful possession of the entire premises in question to respondent-applicant by or before 30.06.2025. Respondent- applicant has agreed for the same. Petitioners-applicants agree and undertake to surrender vacant and peaceful possession of the aforesaid premises in favour of respondent- applicant by before or 30.06.2025. (c) That in lieu of the aforesaid; respondent-applicant has agreed to forego her right to claim use and occupation charges from petitioners-applicants(including Smt. Rasna Bhagra) and also has foregone her right recover any arrears of rent, as may be dus from petitioners-applicants. (d) That petitioners-applicants undertake not to part with possession in favour of third party or to do any act that may be found to be detrimental to the interest of respondent-applicant till vacant and peaceful possession is handed over to respondent-applicant.
Petitioners-applicants further undertake not to damage the premises in question in any manner. (e) That the present compromise has been entered into and executed by the parties without any coercion, undue influence or pressure of any kind and parties. The parties agree to abide by the terms of the compromise. The parties have agreed to get the compromise recorded in the present petition for disposal of the Civil Revision No.170 of 2024 on the basis of compromise. 3
3. Other than the aforesaid, the statement of the petitioner No.1 and the respondent qua the compromise entered into have been recorded. 4. It has been proved to the satisfaction of the Court that the case at hand has been compromised by a lawful agreement. 5. The Civil Revision is disposed of as having been compromised in the aforesaid terms,so also the pending miscellaneous application(s), if any. (Bipin Chander Negi)
Judge
June 02, 2025 (veena)