Manju Verma vs Alka Bora

Alok Kumar Verma, J

An Original Suit (O.S. No.28 of 2011) was filed by the present appellant – plaintiff for mandatory and perpetual injunction. The said Original Suit was decreed. An Appeal (Civil Appeal No.19 of 2015) was filed by the present respondent. The said Civil Appeal has been allowed vide judgment and decree dated 12.10.2015, passed by learned District Judge, Almora.

The Second Appeal has been admitted on the following substantial questions of law:-

(i) Whether one of the joint owners of the disputed path can construct a permanent wall in the joint property without consent of other joint co-owner?

(ii) Whether the registered sale deeds of both the parties read as a whole or in a part?

Smt. Manju Verma, the appellant, is present in-person with her learned counsel Mr. Rajesh Sharma, Advocate.

Smt. Alka Bora, the respondent, is present in-person with her learned counsel Mr. Ganesh Kandpal, Advocate.

The present matter was referred for mediation.

As per the report of the mediator, the mediation proceedings (Mediation Case No.125 of 2024) are closed as successful.

The report of Gurbani Singh, the Mediator, dated 27.08.2024 is available on record with the terms and conditions decided by the parties.

Both the parties submitted that they have resolved their disputes with their free will and without any pressure. They have requested to decide the present Second Appeal on the terms and conditions, recorded by the mediator.

With the consent of both the parties, the present Second Appeal is decided on the terms and conditions as recorded by the mediator. The judgment and decree dated 12.10.2015, passed by learned District Judge, Almora and the judgment and decree dated 01.07.2015, passed by learned Civil Judge (Junior Division), Almora are modified accordingly.

The report of the mediator dated 27.08.2024 will form part of the decree.

The Registry is directed to draw a decree accordingly.