IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. R.S.A. No. 327 of 1998. Decided on 26th August, 2011. _____________________________________________________ Swaran Lata Kuthiala and another. …Appellants. -Versus- Radhakishan Kuthiala and others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the appellants. : Mr. Gaurav Sharma, Advocate. For respondent No. 1. : Mr. Ajay Kumar, Advocate. For L.Rs. 18(a) to 18(c). : Mr. Diwan Singh, Advocate. None for respondents No. 2, 4 to 8, 10 to 12, 14 to 17 and 19 to 21. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge: C.M.P. (M) No. of 2011. Mr. Gaurav Sharma, learned counsel for the appellants submits that an application under Order 22 Rules 2, 4 & 9 of the CPC read with Section 151 of the CPC and Section 5 of Limitation Act for bringing on record the legal representatives of deceased proforma respondent No. 18 has been filed in the Registry. He further submits that the same is under objection, since the appellants have not filed the copy of amended memo of parties with the application. The application is allowed, subject to removal of objections. The Registry is directed to register and assign number to the application. 1 Whether the reporters of the local papers may be allowed to see the judgment?. No. - 2 - Consequently, the L.Rs. of deceased respondent No. 18, as mentioned in paragraph No. 1 of the application are permitted to be brought on record. The Registry is directed to carry out necessary corrections in the memo of parties. Mr. Diwan Singh has put in appearance on behalf of the L.Rs./legal representatives of deceased respondent No. 18. He has filed the power of attorney alongwith General Power of Attorney in the Court. The same is permitted to be taken on record. The application stands disposed of. C.M.P. No. 731 of 2011. Heard. It is jointly represented by the parties that the matter has been amicably settled in view of the averments contained in the application. The terms and conditions enumerated in the application are accepted. The parties are directed to abide by the same in letter and spirit. The application stands disposed of. R.S.A. No. 327 of 1998. In view of the averments contained in the application, the present Regular Second Appeal is dismissed as withdrawn, so also the pending application(s), if any. The appellants, respondents No. 18(a) to 18(c) to 21 are declared as owners of the land/property comprised in Khewat No. 83 and 74, Khatauni No. 133/123, 134/124 in Khasra Nos. 2144, 2145, 2146, 2147, 2141/1, 2142, 2143 and 2148 (Kitas 8), situated in Up Mohal Ridge, Station Ward Bara Shimla, measuring 485.83 sq. mts. according to the Jamabandi for the year 2006-2007 in accordance with their family settlement of 1994-1995. The judgments and - 3 - decrees passed by both the Courts below shall stand modified to this extent. (Rajiv Sharma) Judge August 26, 2011. (bhupender) - 4 - `