Rajesh Chawla vs Sompal

Alok Kumar Verma, J

The challenge in the present Revision, filed under Section 115 of the Code of Civil Procedure, 1908, is to an order dated 19.01.2023, passed by District Judge, Haridwar in Miscellaneous Case No.269 of 2018, “Rajesh Chawla vs. Sompal”, by which, the application, filed by revisionist-defendant under proviso to Section 17(1) of the Provincial Small Cause Courts Act, 1887 (in short, “Act, 1887”) for permission to give security, has been dismissed.

Respondent-plaintiff had filed a SCC Suit No.15 of 2017 against the revisionist-defendant. The said SCC Suit was decreed ex-parte on 07.11.2017. An Application under Order 9 Rule 13 CPC was filed by the revisionist-defendant along with the said Application under proviso to Section 17(1) of the Act, 1887.

Heard Mr. Siddhartha Singh, learned counsel for the revisionist and Mr. Nikhil Singhal, learned counsel for the respondent on the Application (IA No.4 of 2023).

Mr. Siddhartha Singh, Advocate, submitted that possession of the suit property was delivered to the respondent-plaintiff on 27.04.2018. Now, both the parties have entered into a compromise and according to the terms of the compromise, revisionist-defendant has agreed to pay Rs.3,00,000/- to the respondent-plaintiff as lump sum amount. The said amount Rs.3,00,000/- would be paid within four weeks’ from 01.05.2023 and in the meantime, the proceedings of Execution Case No. 3 of 2017 would be kept in abeyance. After payment of the said amount i.e. Rs.3,00,000/- (Rupees three lakh) to the respondent-plaintiff, the said Execution Case (No.3 of 2017) will be considered satisfied as full satisfaction.

The said Execution Case (No.3 of 2017) is pending for realization of Rs.6,13,000/- as arrears of rent and damages.

Mr. Siddhartha Singh, Advocate, submitted that the revisionist will withdraw the said Application, filed under Order 9 Rule 13 CPC, within four weeks from today.

Mr. Nikhil Singhal, learned counsel for the respondent-plaintiff, on instruction, agrees to all the above terms.

Learned counsel for both the parties have requested to decide the present Revision in terms of the compromise as mentioned in the said Application (IA No.4 of 2023).

With the consent of learned counsel for the parties, present Civil Revision (No.24 of 2023) is disposed of in terms of settlement as mentioned in Miscellaneous Application (IA No.4 of 2023). The said Application (IA No.4 of 2023) will be a part of this order.

Registry is directed to provide certified copies of this order to learned counsel for the parties within 48 hrs on payment of usual charges.