Sh. Narinder Kumar vs Sh. Gita Ram

Dharam Chand Chaudhary, J.(Oral) - Order dated 1.4.2016 passed in Civil Miscellaneous Appeal No. 10-S/14 of 2015 by learned District Judge, Solan, is under challenge in this petition.

It is seen that learned District Judge, Solan, has affirmed the order passed by learned Civil Judge(Jr. Division), Kasauli, District Solan, dated 12.6.2007 passed in an application under Order 39, Rule 2 CPC (Contempt Application No. 49/6 of 06/1995) whereby the petitioners along with one Leela Wati (since dead), their mother, were held liable for the contempt of court and ordered to be detained in civil imprisonment for a term of 15 days. The legality and validity of the impugned order (Annexure P-3) has been questioned before this Court on several grounds.

On the joint request of learned counsel representing the parties, the matter was referred for mediation. Learned Mediator has tried conciliation between the parties. The efforts made bore fruits as the parties have settled the dispute amicably. In view of the statement of Sh. Neeraj Gupta, Advocate learned Counsel recorded separately, the respondent/applicant is no more interested to prosecute the contempt proceedings which he had initiated against the petitioner and their deceased mother any further. Not only this, but he had agreed to transfer the land measuring 2 Biswas bearing Khasra No. 660 situate at Jabli in favour of Rameshwar, real brother of the petitioners herein. Ms. Megha Kapur Gautam, learned counsel also admits the statement made by Sh. Neeraj Gupta as true and correct. According to her she has instructions to make statement for disposal of the petition consequent upon statement so made on behalf of the applicant/respondent. Being so, the impugned judgment is quashed and set aside. There shall be a direction to applicant/respondent Gita High Court of H.P.Ram to transfer land measuring 2 Biswas bearing Khasra No. 660 situate at Jabli, District Solan, in favour of Rameshwar, real brother of the petitioners herein as mutually agreed upon. It is also taken note of that consequent upon the amicable settlement the parties have already exchanged land interse and mutation qua that also stand sanctioned and attested. These facts have only been taken for completion of record.

In view of the above, the petition stands disposed of. Pending applications, if any, shall also stands disposed of.