IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2747 of 2009-F. Decided on: 23rd December, 2011. Vishal Sood son of late Shri Vinod Kumar Sood, R/O Sansar Villa, Near High Court, Shimla. Petitioner. Versus 1. The State of H.P. through Secretary (Urban Development), Shimla (Exercising powers under section 403 of the H.P. Municipal Corporation Act.) 2. Municipal Corporation, Shimla through its Commissioner. 3. Shri Vijay Kumar Sood son of Shri Sansar Chand Sood, R/O Sansar Villa, Near High Court, Shimla. Respondents. 4. Smt. Sarla Devi Sood wife of late Shri Sansar Chand Sood, R/O Sansar Villa, Near High Court, Shimla. 5. Smt. Manju Kuthiala wife of Sh. Satish Kuthiala R/O Sansar Villa, Near High Court, Shimla. 6. Smt. Madhu Sood wife of late Shri Vinod Kumar Sood, R/O Sansar Villa, Near High Court, Shimla. Proforma respondents. ---------------------------------------------------------------------------------- Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the petitioner : Mr. Tarlok Chauhan, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General, with Mr. J.K. Verma, DAG, for respondent No.1. Mr. Shrawan Dogra, Advocate, for respondent No.2. 2 Mr. Y.P. Sood, Advocate, for respondent No.3. Mr. Suneet Goel, Advocate, for respondents No.4 and 6. Mr. J.S. Bhogal, Senior Advocate, as Mediator. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The issue in this writ petition essentially pertains to a dispute with regard to the tenancy rights among the members of the family as represented by the petitioner and respondents No. 5 to 8 on the one side and respondent No.3 on the other side. Having heard the learned counsel on both sides and also the parties themselves, it was felt that the dispute involved in this case and related disputes pending in Civil Courts could be settled by way of an appropriate ADR method. Thus on 12th May, 2011, we appointed a trained mediator and Senior Advocate Mr. J.S. Bhogal, as Mediator. Thanks to the strenuous efforts taken by the learned Mediator, thanks for the cooperation extended by the counsel on both sides and thanks to the cooperation of the parties themselves, we find that the entire disputes have been settled amicably between the parties. In terms of the compromise, the parties have filed a memorandum of settlement. It is seen from the signatures of the counsel on both side that the settlement is dated 22nd December, 2011. The memorandum of settlement will form part of the judgment. 2. We find that in terms of the settlement, the disputes relating to civil cases between the parties also have been 3 settled. One is Civil Suit No.33/1 of 2004 filed by the third respondent and pending before the Civil Judge (Senior Division), Shimla and the other is Civil Suit No. 91/1 of 2005 pending before the same Court. Both the above suits will stand disposed of as compromised and they shall be struck off from the file of Civil Judge (Senior Division), Shimla. The parties are free to approach the Civil Judge (Senior Division), Shimla for appropriate orders with regard to the permissible refund of the Court fees already paid, in view of the compromise. 3. We record our appreciation for the effective mediation facilitated by Shri J.S. Bhogal, Senior Advocate as Mediator. 4. The writ petition is disposed of, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 23rd December, 2011. (Justice V.K. Ahuja), (tr) Judge.