Sunil Kumar vs Hem Raj and Others

Dr. Vineet Kothari, J.—The lawyers are observing strike at the call of the Bar Council of India due to Allahabad Court incident, where a lawyer is said to have been shot dead by a policeman. The names of Mr. C.S. Kotwani, counsel for the appellant and Mr. Prashant Sharma, counsel for the respondents are shown in the cause list.

Perused the record. Since the referred mediation talks are stated to be successful and the parties have resolved their dispute in the present eviction suit, therefore, this appeal is being disposed of in terms of settlement.

The appellant/plaintiff, Sunil Kumar S/o late Sh. Tota Ram, has preferred this second appeal under Section 100 of CPC, 1908, assailing the impugned judgment and decree dated 28.05.2008 passed by learned Additional District Judge, Raisingh Nagar, District: Sri Gangangar, in First Appeal No. 8/1999 (Hemraj v. Tota Ram and Anr.) filed by the defendant-Hemraj, who is now represented through his legal heirs, whereby the learned first appellate court below allowed the appeal filed by the defendant/respondent reversing the judgment and decree dated 06.05.1999 passed by learned Civil Judge (Jr. Division), Sri Vijay Nagar, whereby the suit filed by the appellant/plaintiff being Civil Original Suit No. 44/1996 (10/84) (Totaram v. Hem Raj and Anr.) for seeking eviction and possession was decreed with respect to suit shops No. 4 and 4/1 situated at Cloth Market, Sri Vijaynagar.

The learned trial court of Civil Judge (Jr. Division), Sri Vijay Nagar, vide judgment and decree dated 06.05.1999 decreed the suit filed by the original plaintiff, Tota Ram, in the following manner:--

The first appeal filed by the defendant, Hemraj, against the judgment and decree of the trial court, was allowed by the learned lower appellate court of Additional District Judge, Raisingh Nagar, District: Sri Gangangar, vide judgment and decree dated 28.05.2008 in the following manner:--

However, this Court referred the matter for mediation vide order dated 21.01.2015, which is also quoted herein below for ready reference:--

"In view of long chequered history of the dispute between the parties, where the regularization of the shop in question was earlier claimed by the respondent/defendants in their favour but later on in the year 1991, the allotment in favour of present appellant/plaintiff was found to have been made by the Municipal authorities.

Be that as it may, to explore the possibilities of settlement of dispute between the parties at the stage of second appeal, which is coming for admission after six years, at the request of learned counsel for the parties, the parties are directed to appear before the learned Mediator of the Mediation Centre attached with this Court on 10.02.2015.

Mr. Manish Shishodia, who is trained Mediator, is accordingly appointed as Mediator, who may make efforts for settlement of the dispute between the parties.

Let notices be issued to the parties except respondent No. 1/1- Smt. Narayani Devi, who is said to have expired.

The counsel for the parties may also ensure the presence of their respective clients before the learned Mediator on 10.02.2015.

At the oral request of learned counsel for the appellant, name of respondent No. 1/1 Smt. Nararyan Devi, is deleted from the array of respondents.

List the case again before this Court on 16.03.2015."

The mediation talks between the parties resulted in a compromise between the parties and the fate of the mediation talks has been reported by the Dy. Secretary, Rajasthan State Legal Services Authority, Jodhpur, vide communication dated 10.03.2015, which is also quoted herein below:--

The said report duly signed by both the parties, which has been verified by their respective counsel, is also quoted herein below:--

Report:-Appellant- Sunil Kumar present along with his Advocate, Respondent- Rajendra Kumar present with his advocate. After some efforts the parties to this litigation have agreed to settle the dispute amicably so as to seek disposal of the present CSA 223/2008 on the following terms and conditions:

The suit shop measuring 40 x 9 feet shall be divided into two portions measuring 18 x 9 feet and 22 x 9 feet.

The portion measuring 18 x 9 feet shall fall towards the "Tehbazaari Kapda Market" in East and the same shall stand assigned to respondent Rajendra.

The portion measuring 22 x 9 feet shall fall towards ''Purani Dhan Mandi" on western side and the same shall stand assigned to appellant Sunil Kumar who originally got the entire shop allotted.

Respondent Rajendra Kumar occupies the shop presently to the exclusion of all other respondent though belonging to same family. He indemnifies the appellant against any claim by any other respondents in the suit shop.

Respondent Rajendra Kumar shall hand over vacant possession of the western portion of the suit shop measuring 9 x 22 feet to the appellant Sunil Kumar as soon as the two are allotted their respective portions and in any case within a period so fixed by Hon''ble Court.

Both parties have squared up all their differences and waive any other claim or interest in the suit shop other than what has been agreed to herein above.

Both parties agree to pray to Hon''ble Court for directions to Municipal Board, Sri Bijaynagar to allot the two portions to these parties with a fixed period of time and to pray for disposal of this appeal in the terms herein above mentioned and agreed to

Having perused the report of the learned Mediator and in view of agreed terms arrived at between the parties, quoted above, the present second appeal of the appellant/plaintiff is, accordingly, disposed of in terms of the aforesaid settlement of dispute between the parties. Counsel of the respondent Municipal Board, Sri Vijaynagar (respondent No. 2 herein), Mr. H.R. Chawla, did not appear before this Court or before the learned Mediator.

The parties concerned may complete the process of handing over the vacant possession of their respective portions within a period of three months from today and it is also directed the concerned Municipal Board, Shrivijay Nagar, will make respective allotment of the apportioned portions of the suit shop in question as aforesaid, and recognize their respective allotments on their respective portions within a period of three months from today.

With these observations and directions, the present second appeal is disposed of in terms of aforesaid settlement through mediation. No costs. A copy of this judgment be sent to the concerned parties and both the courts below and the Municipal Board, Sri Vijaynagar, forthwith.