IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RSA No. 497 of 2011. Decided on: 15.12.2011. Sh. Ram Chander son of late Sh. Molak Ram, R/o Village Batlana, PO Shoghi, Tehsil & District Shimla, HP. .…Appellant. Versus 1. Sh.Umed Ram son of late Sh. Tanda, R/o Kair-ka-nala, PO Shoghi, Tehsil & Distt. Shimla, H.P. 2. Sh. Dharmesh Kumar sonof late Sh. Tanda, R/o Kair-ka-nala, PO Shoghi, Tehsil & Distt. Shimla, H.P. … Respondents. ______________________________________________________________ Regular Second Appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 19.8.2011 passed by the learned Additional District Judge, Fast Track Court, Shimla in Civil Appeal No. 68- S/13 of 2009, whereby the judgment and decree passed in Civil Suit No. 51/1 of 2006 by the learned Civil Judge, Jr. Division, Court No.6, Shimla has been reversed; with a prayer to set aside the impugned judgment and decree dated 19.8.2011 and to restore the judgment and decree of the trial court and to allow the appeal with costs throughout. ------------------------------------------------------------------------------------------------------- Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the appellant. : Mr. K.B. Khajuria, Advocate with appellant. For the respondents. : Ms. Kamlesh Shandil, Advocate with respondent No.1 in person for himself and as GPA on behalf of respondent No.2. V.K. Sharma, Judge (Oral) RSA No. 497 of 2011 & CMP No. 992 of 2011. The parties have moved a joint application under Order 23 Rule 3 read with Section 151 CPC incorporating the compromise entered into between them. The application is duly supported by affidavits of the appellant and respondent No.1 for himself and as general power of attorney on behalf of respondent No.2. A photocopy of the general power of attorney has also 1 Whether reporters of the local papers may be allowed to see the judgment? No. been annexed with the application, which along with the supporting affidavits is taken on record as Ext. C-1 (Colly.). Statements of the parties recorded separately, which also go to support compromise Ext. C-1. 2. In view of amicable settlement between the parties as is reflected in compromise, Ext. C-1, the appeal is disposed of as compromised. Compromise, Ext. C-1, shall form part of the decree. The parties shall abide by the terms and conditions of compromise, Ext. C-1, in letter and spirit and failure to do so shall entail consequences as per law. 3. The appeal, as also accompanying CMP stand disposed of as compromised in the above terms. (V.K. Sharma), Judge. 15th December, 2011. (Krn Guleria)