Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RSA No.624/2009
Date of Decision: 04th September, 2025. Brahmi Devi (deceased) through LRs and others
.....Appellants. Versus Chanchal Kumar
…..Respondent. Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Appellants : Mr. Sanjay Jaswal and Ms. Vandana,
Kumari, Advocates. For the Respondent : Mr. Goldy Kumar, Advocate. Bipin Chander Negi, Judge (oral). Suit in the case at hand was filed by the predecessor-in- interest of the present appellants. In the suit, Will dated 20.1.2003 executed by deceased Lacchmi Devi in favour of the present respondent had been assailed. 2. Both the Courts had upheld the Will made by Lacchmi Devi in favour of the sole respondent. As a result, suit filed by predecessor- in-interest of the present appellants had been dismissed and appeal preferred had also been dismissed. 3. During the pendency of the present appeal preferred under Section 100 CPC, the parties have compromised in the following terms:-
1 Whether reporters of Local Papers may be allowed to see the judgment? YES
2
“A. That First Party is ready to withdraw RSA No. 624/2009 with mutual understanding with second party. The Second Party has agreed to transfer his share out from suit land i.e., land comprising Khata No.10, Khatuni NO.45 Khasra 800/810,810/1, (kitta 3) 0-06-49 Hects AND land comprising under khata No. 40 Khatuni No. 130,131,133,134 Khasra NO. 811, (area measuring 0-00-92) Khasra NO. 823, (area measuring 0-03- 83) Khasra NO. 825, (area measuring 0-02-89). Khasra NO. 850, (area measuring 0-04-72) Khasra NO. 851. (area measuring 0-09-63) Khasra NO. 809 (area measuring 0-02-62) total land measuring 0-31-10 hects. situated at Mohal Dehru, Mauza Kosri, Tehsil Jaisingpur, District Kangra H.P, in favour of the First Party without any condition with his free will without any pressure and full conscience which is acceptable to the first party. B. The First party have no more any claim in the property, movable and immovable of Late Sh. Lachhmi Devi, wife of Phuliya, Resident of Village Dehru, Post Office Maharajnagar, Tehsil Jaisingpur, District Kangra H.P, and they are will to get execution of the Will in favour of the Second Party except Land mentioned above. Both the parties have agreed to get mutation attested as per the compromise and to be incorporated in the Revenue Record.”
4.
The compromise deed so entered into inter se the parties has been placed on record by way of CMP(M) No. 21702 of 2025, the same is appended as Annexure-D thereto. I have perused the compromise, the same is duly signed by both the parties. Alongwith the compromise, a Special Power Attorney has been placed on record, whereby appellants No. 1(d)(i) to 1(k) have authorized appellants No. 1(b) and 1(c) i.e. Prittam Chand and Harnam Singh to enter into a compromise on their behalf. The terms of the compromise reproduced here-in-above are legal and valid. 3
5. In view of the same, present appeal is disposed of in terms of the compromise entered into between the parties. The compromise shall form a part of the decree. Pending miscellaneous, if any, also stand disposed of. (Bipin Chander Negi)
Judge
04th September, 2025 (Tarun)