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2026 DAILYLAW 4731 (HP)

SANTOSH v. ANITA SHARMA AND ANOTHER

CMPMO/70/2020 · 2026-01-02

Vivek Singh Thakur

body2026

Judgment text

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2026:HHC:804 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 70 of 2020 a/w CMPMO No. 71 of 2020 Date of decision: 02.01.2026. 1. CMPMO No. 70 of 2020 Santosh ….Petitioner Versus Anita Sharma and Anr …Respondents. 2. CMPMO No. 71 of 2020 Santosh ….Petitioner Versus Anita Sharma …Respondent. Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting? 1 CMPMO No. 70 of 2020 For the Petitioner. Ms. Meera Devi, Advocate, vice Mr. Deepak Gupta, Advocate. Petitioner Santosh present in person. 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:804 CMPMO No. 70 of 2020 along with connected matter For the Respondents : Mr. Y.P. Sood, Advocate, for respondent No. 1. Mr. Suresh Sharma GPA of respondent No. 1 Anita Sharma, present in person. Mr. Anil Chauhan, Advocate, for respondent No. 2. CMPMO No. 71 of 2020 For the Petitioner. Ms. Meera Devi, Advocate, vice Mr. Deepak Gupta, Advocate. Petitioner Santosh present in person. For the Respondent : Mr. Y.P. Sood, Advocate, for the respondent. Mr. Suresh Sharma GPA of respondent Anita Sharma, present in person. __________________________________________________________ Vivek Singh Thakur, Judge (Oral) Learned counsel for private parties have placed on record a joint application under Order 23 Rule 3, CPC, in CMPMO No. 70 of 2020, with prayer to decide the present petition along with CMPMO No. 71 of 2020, on the basis of compromise, whereby dispute has been amicably settled between private parties, with further undertaking of respondent Anita Sharma to withdraw CWP No. 5863 of 2022, (titled Anita Devi vs. State of H.P. and others), pending adjudication in the High Court. 2. Registry is directed to register this application and assign the number accordingly. 3 2026:HHC:804 CMPMO No. 70 of 2020 along with connected matter 3. Terms of Settlement, filed along with application, are made part on record. 4. It has been submitted by learned counsel for parties that Terms of Settlement arrived at between the parties, are lawful and legally enforceable and executable and the same are not in conflict with any law in force, rather are in consonance with law of the land. 5. No objection has been communicated by Mr. Anil Chauhan, Advocate, for Special Area Development Authority, Ghanahatti, which is respondent No. 2 in CMPMO No. 70 of 2020, for disposing of the matter in terms of compromise arrived at between the litigating parties, with submission that Special Area Development Authority, Ghanahatti, had already been asking the petitioner to construct the retaining wall, for which both parties have now agreed in terms of settlement. 6. In terms of compromise, CWP No. 5863 of 2022, titled Anita Devi vs. State of H.P. and others shall also be withdrawn by the petitioner on next date. The parties, as agreed, shall make request for listing the said writ petition, during the next week, before appropriate Bench and on that day, the same shall be withdrawn by the respondent Anita Sharma and in case of failure on part of respondent Anita Sharma to withdraw, the said writ petition shall be disposed in terms of compromise, on production of downloaded copy of order, passed in these petitions. 4 2026:HHC:804 CMPMO No. 70 of 2020 along with connected matter 7. Accordingly, both petitions are disposed of in terms of compromise, as agreed in the terms of settlement placed along with application filed in CMPMO No. 70 of 2020 and the said terms of settlement shall form part of the record. 8. Pending applications, if any, also stand dispose of. (Vivek Singh Thakur), Judge. 2nd January, 2026 (Susheel)