2025:HHC:25002 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CR. No.35 of 2015 Decided on: 29.07.2025 N/s Jyoti Parkash & Company ...Petitioner Versus Dr. K.R. Lakhanpal ...Respondent Coram Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? For the petitioner: Mr. B.M. Chauhan, Senior Advocate with Mr. Amit Himalvi, Advocate. For the respondent: Mr. Ashok Sood, Senior Advocate with Mr. Abhishek Banta, Advocate. Satyen Vaidya, Judge Petitioner Ashwani Kumar along with Mr. Vivek Lakhanpal, General Power of Attorney of respondent are present in person. 2. Both have jointly presented an application under Order 23 Rule 3 read with Section 151 of the CPC with a prayer to dispose of the petition in terms recorded in the application. 3. Statements of the parties have been recorded today. The parties have mutually and voluntarily agreed upon on the terms of settlement recorded in the application. The petitioner/tenant is ready and willing for affirmation of eviction order, passed against him, which is the subject matter of the instant petition. He has undertaken to vacate the premises and 2 2025:HHC:25002 hand it over to the respondent/landlord or his authorized agent on or before 30th September, 2025. He has also undertaken not to claim the right of re-entry once he vacates the premises. In reciprocation, the respondent/landlord has agreed to waive off all the arrears payable by the petitioner/tenant on account of use and occupation charges in case the petitioner/tenant complies with the undertaking given by him. 4. I have gone through the terms of the settlement recorded between the parties. I am satisfied that all the terms are lawful and an order can be passed by this court on the basis of such terms. 5. Accordingly, Civil Revision Petition No.35 of 2015 is dismissed by affirming the order of eviction passed by learned Rent Controller (5), Shimla and as affirmed by the Appellate Authority (II), Shimla on the basis of undertaking given by the petitioner/tenant as also the terms of settlement recorded in the application under Order 23 Rule 3 read with Section 151 of CPC. The petitioner/tenant shall vacate and handover the possession of the premises in question to the respondent/landlord or his authorized representative on or before 30th September, 2025, failing which not only the respondent/landlord shall become entitled to execute the eviction order forthwith, the 3 2025:HHC:25002 petitioner/tenant shall also make himself liable for consequences of committing contempt of this Court. 6. The terms of compromise as mentioned in the application under Order 23 Rule 3 read with Section 151 of CPC shall form part of this order and both the parties will abide by its terms in letter and spirit. 7. The petition is accordingly disposed of along with pending application(s), if any. (Satyen Vaidya ) Judge 29th July, 2025 (vt)