( 2025:HHC:331 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RSA No. 80 of 2024 Decided on : 01.01.2025 Dola Ram …Appellant Versus Punjab National Bank …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the appellant : Mr. Ashwani Kaundal, Advocate. For the respondent : Mr. Arvind Sharma, Advocate Virender Singh, Judge (Oral) Appellant – Dola Ram had filed the present appeal, under Section 100 of the Code of Civil Procedure (hereinafter referred to as ‘the CPC’), against the judgment and decree dated 22.11.2023, passed by the Court of learned Additional District Judge, Kullu (hereinafter referred to as the learned ‘First Appellate Court’), in Civil Appeal No.20 of 2023, titled as Dola Ram versus Punjab National Bank. 2. Vide judgment and decree dated 22.11.2023, learned First Appellate Court has dismissed the appeal, preferred by the appellant, against the judgment and 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 (2025:HHC:331) decree dated 02.03.2023, passed by the Court of learned Civil Judge, Banjar, District Kullu (hereinafter referred to as ‘the trial Court’), in Civil Suit No.156/19/15, titled as Punjab National Bank versus Dola Ram. 3. Vide judgment and decree dated 02.03.2023, the learned trial Court has decreed the suit filed by plaintiff-Bank, by granting the following relief:- “17. On the basis of the discussion above, the plaintiff is entitled to a recovery of Rs.4,15,464/- along with interest pendent lite and future interest @ 6% per annum. Plaintiff bank is also entitled to costs. Decree sheet be prepared accordingly. File after due completion be consigned to the record room. 4. Now, the defendant is before this Court, by way of the present Regular Second Appeal. 5. During the pendency of the appeal, before this Court, the parties have entered into a compromise and by way of CMP No.8 of 2025, the applicant has placed on record, the ‘No Dues Certificate’, which is Ex.P-A. 6. Learned counsel for the appellant has submitted that the matter has now been settled with the Bank and in view of the compromise/settlement, he has prayed that the appeal may kindly be allowed by setting 3 (2025:HHC:331) aside the judgment and decree dated 02.03.2023, passed by the learned trial Court and affirmed by the learned First Appellate Court, vide judgment and decree dated 22.11.2023 and the suit of the plaintiff-Bank may kindly be dismissed, being compromised. 7. Similar type of statement has been made by the learned counsel appearing for the plaintiff-Bank 8. In view of the above facts, the present appeal is allowed and the suit of the plaintiff-Bank is ordered to be dismissed being compromised, by setting aside the judgment and decree dated 02.03.2023, passed by the learned trial Court, which has been affirmed by the learned First Appellate Court, vide judgment and decree dated 22.11.2023. No dues certificate Ex.PA, as well as, the statements recorded today, shall form part of the decree. Decree sheet be prepared accordingly. Court fee be refunded as per the Rules. 9. Pending application(s), if any, shall also stand disposed of. ( Virender Singh ) Judge January 01, 2025 ( ps )