KALAVATI deceased through Lrs.Pyare Lal v. TAWARKU (Deleted)
RSA/517/2012 · 2026-08-17
Virender Singh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 20423 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20423 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:HHC:34788 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RSA
Nos. :
199 of 2017 & 517
of 2012 Decided on : 17
th August, 2026
1. RSA No.199 of 2017 Kalawati (deceased) through LRs …Appellants Versus Tika Ram (deceased) through LRs & Another …Respondents
2. RSA No. No.517 of 2012 Kalawati (deceased) through LRs …Appellants Versus Tawarku (deceased) through LR & Others …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1
1. RSA No.199 of 2017 For the appellants : Appellants in person with Mr. Inder Sharma, Advocate. For the respondent : Respondent No.1(b), who is GPA of respondents No.1(a), 1(c) to 1(f), in person with Mr. Hamender Singh Chandel, Advocate. 2. RSA No.517 of 2012 For the appellants : Appellants in person with Mr. Inder Sharma, Advocate. 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:34788 For the respondent : Name of respondent No.1, stands deleted. None for respondent No.2. Respondent No.3(b), who is GPA of respondents No.3(a), 3(c) to 3(f), in person with Mr. Hamender Singh Chandel, Advocate. Virender Singh, Judge (Oral) The above titled appeals are being decided by a common order. 2. RSA No. 199 of 2017, has been filed by the predecessorininterest of the appellants against the judgment and decree dated 27.03.2017, passed by the Court of learned Additional District Judge (I), Mandi, Himachal Pradesh (hereinafter referred to as the First Appellate Court’), in Civil Appeal No.68 of 2016, titled as Kalawati versus Tika Ram & Another. 3. Vide judgment and decree dated 27.03.2017, the learned First Appellate Court, has dismissed the appeal, which, had been preferred, by the predecessorininterest of the appellants, against the judgment and decree dated 30.06.2016, passed by the Court of learned Civil Judge (Senior
3 2026:HHC:34788 Division), Karsog, District Mandi (hereinafter referred to as ‘the trial Court’) in Civil Suit No.76 of 2014, titled as Kalawati versus Tika Ram & Another. 4. Vide judgment and decree dated 30.06.2016, the learned trial Court has dismissed the aforesaid suit filed by predecessorininterest of the appellantsKalawati. 5. RSA No.517 of 2012, has been filed by the predecessorininterest of the appellants against the judgment and decree dated 06.06.2012, passed by the learned Additional District Judge, Mandi, Camp at Karsog (hereinafter referred to as ‘the First Appellate Court’), in Civil Appeal No.84 of 2011, titled as Kalavati versus Smt. Tawarku & Another. 6.
Vide judgment and decree dated 06.06.2012, the learned First Appellate Court has dismissed the appeal preferred by the predecessorininterest of the appellants, against the judgment and decree dated 19.08.2011, passed by the learned trial Court, in Civil Suit No.1 of 2009, titled as Kalavati versus Tawarku & Another. 4 2026:HHC:34788
7. Vide judgment and decree dated 19.08.2011, the learned trial Court has dismissed the suit filed by Kalavati, predecessorininterest of the appellants. 8. Today, the parties to the lis have put appearance and submitted that now, the matter has been compromised between the parties, vide compromise Ex.PA. 9. One of the legal representatives of Smt. Kalavati, who, earlier has not been impleaded, in the present appeals, on an application, filed under Order 1 Rule 10 CPC, has also been impleaded as appellants No.1(e), in the present appeals. 10. As per the settlement between the parties, the legal representatives of Shri Tika Ram, who was the contesting defendant, before the learned trial Court, have agreed to transfer the land measuring 031604 bigha, out of the suit land and the land comprising Khasra Nos.867, 868 and 869, over which, the residential house has been constructed, in favour of the appellants. 11. Respondent No.1(b) in RSA No. 199 of 2017 and respondent No.3(b), in RSA No.517 of 2012Nanak Chand,
5 2026:HHC:34788 has made the statement in favour of the appellants, on the basis of the GPA, which, according to him, is still subsisting and the same has not been got cancelled by other respondents. 12. In view of the above statement, both the appeals are allowed and the suit of the plaintiffs is decreed, in terms of the compromise, having taken place between the parties, by setting aside the judgment and decree passed by the learned trial Court, as affirmed by learned First Appellate Court. Parties are bound down by the terms and conditions of the compromise, which shall form part of the decree.
Decree sheet be prepared accordingly. Pending application(s), if any, shall also stand disposed of. ( Virender Singh ) August 17, 2026( ps ) Judge