1 ( 2025:HHC:11514 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA RSA No.197 of 2017 Decided on: 25.04.2025 Ranjeet Singh and others ...….. Appellants Versus Prithavi Singh and others …...Respondents Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. Whether approved for reporting?1 No. For the Appellants: Mr. Romesh Verma, Senior Advocate with Mr. Sumit Sharma, Advocate. For the Respondents: Mr. Sarthak Mehta, Advocate. Tarlok Singh Chauhan, Judge ( Oral ) It is heartening to note that with the pro-active role played by Mr. Naresh Kumar Sood, Learned Senior Advocate and a trained Mediator of this court, the parties have amicably settled the dispute inter se them on the following terms and conditions:- “(1) That out of the holdings/properties in exclusive possession, control, enjoyment and users of appellants in Khewat/Khatoni No.6, min/23, Khasra Nos. 32, 88 and 144, situated in Village Pharaal, Tehsil Kumarsain, District Shimla, H.P., appellants have voluntarily surrendered and given up all their rights, title and interest in favour of Shri Prithavi Singh-respondent No.1 and Shri Roop Singh-respondent No.5 as per the following 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes 2 ( 2025:HHC:11514 ) details and even Shri Prithavi Singh-respondent No.1 and Shri Roop Singh-respondent No.5 in the presence of the appellants with the assistance of the Tehsildar, Kumarsain, District Shimla, H.P. have also located, identified and got demarcated their separate holdings on spot as per the following details:- (i) To Shri Prithavi Singh-respondent No.1 Land measuring 00-05-43 Sq. Meter (14 Biswa) in Khasra No. 144, land measuring 00-11-13 Sq. Meter (1 Bigha and 10 Biswa) in Khasra No. 88 in aforesaid revenue Village at Pharaal, Tehsil Kumarsain, District Shimla, H.P. (total land 2 Bighas and 4 Biswa in Khasra No. 144 and 88). (ii) To Shri Roop Singh-respondent No.5 Land measuring 00-01-52 Sq. Meter (4 Biswa) in Khasra No.32 and land measuring 00-06-00 Sq. Meter (16 Biswa) in Khasra No. 144 (total measuring 1 Bigha in both Khasras. (2) This way on spot respondent No. 1 and respondent No.5 have also entered into separate possession and enjoyment/users of the aforesaid parcels of land individually and on the remaining land, the appellants are continuing in possession, enjoyment and control in Khasra Nos. 32, 88 and 144. (3) On account of this settlement, appellants will have no right, title and interest in respect of the aforesaid land measuring 1 Bigha and 2 Bigha & 4 Biswa as detailed before which has been surrendered and given up by appellants in favour of Shri Prithavi Singh-respondent No.1 and Shri Roop Singh- respondent No.5. (4) Likewise all others including respondent Nos. 2 to 4 will have no right, title or interest or claim whatsoever of any kind with respect to the parcels of land given to Shri Prithavi Singh- respondent No.1 and Shri Roop Singh-respondent No.5 and 3 ( 2025:HHC:11514 ) Respondents no 1 to 5 will have no claim, right, title or interest whatsoever of any kind in remaining portion retained by appellants in Khasra Nos. 32, 144 and 88 aforesaid. (5) It is also agreed between the parties that in so far as the properties/holdings situated at Village Gagni, P.O. Arsu, Tehsil Nirmand, District Kullu, H.P., are concerned, in those properties appellant Nos. 1 to 3 namely Shri Ranjeet Singh, Miss Sheela and Miss Kala will have no right, title or interest and such properties/holdings at Village Gagni aforesaid will remain in the ownership, users and enjoyment of Shri Prithavi Singh- respondent No.1 and Shri Roop Singh-respondent No.5 and their sisters namely Smt. Parvati Devi-respondent No.2, Smt. Santosh- respondent No.3 and Smt. Bimla Devi-respondent No.3. (6) As such, the respondents No. 1 to 5 have further assured and undertaken that they will themselves settle the respective rights and obligations inter se them between respondents No. 1 to 5 with respect to the holdings/properties at aforesaid Village Gagni, P.O. Arsu, Tehsil Nirmand, District Kullu, H.P. Any claim of any kind of any one else with respect to properties at Village Gagni aforesaid will exclusively be settled and met by respondents No. 1 to 5 and for the said purpose appellants No.1 to 3 will have no concern whatsoever of any kind and also appellants will not be responsible in future in settling/adjusting the rights and entitlement of respondents No.1 to 5 between themselves with respect to the aforesaid property at Nirmand. The appellants will have no right, title or interest whatsoever of any kind with respect to the properties/holdings at Village Nirmand aforesaid. (7) In this view of the matter, though Tatima of respective properties at Nirmand and Kumarsain could not be prepared, but, still the parties have agreed between them that they will remain bound by this settlement and they will be responsible to 4 ( 2025:HHC:11514 ) settle and meet out all claims/demands whatsoever of any kind, if, raised at any future date by any other persons on account of the conventional existing revenue entries which continue to show some other persons as co-owners of the properties. But, according to the parties fact remains that the aforesaid respective parties are in exclusive possession, control and enjoyment of the aforesaid properties/holdings as detailed herein-in-before in this settlement. (8) The contents of this settlement have been read over and explained to all the parties in vernacular in simple Hindi Language by their respective counsels who after admitting the correctness thereof have appended their signatures on the settlement which has also been singed by respective learned counsel for the parties. (9) Parties have also agreed that the impugned judgment and decree of the Courts below including that of the Trial Court be set aside and substituted by a consent decree which may be passed by the Hon'ble Court in terms of this settlement.” 2. The parties are present and have been identified as such by their respective counsel(s) and they have acknowledged the compromise which they have entered into. 3. Accordingly, the consent decree is passed in the aforesaid terms and the judgments and decrees passed by the learned Courts below shall stand substituted accordingly. 4. However, it is made clear that in case any of the aggrieved party, be it appellant(s) or respondent(s) is aggrieved by non- adherence of the terms of the compromise, they shall be at liberty to approach this court for redressal of their grievances. The terms of compromise shall form part of decree-sheet. 5 ( 2025:HHC:11514 ) 5. Accordingly, the appeal is disposed of in the aforesaid terms. Pending application, if any, also stands disposed of. (Tarlok Singh Chauhan) 25th April, 2025. Judge (yogesh/pankaj)