IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA. C.R. No. 286 of 2003 Date of Decision : June 23, 2009 M/s. Negi & Company … Petitioner Versus: Atma Ram & Ors. …Respondents Coram: The Hon’ble Mr.Justice Sanjay Karol, Judge. Whether approved for reporting? 1 No For the petitioner: Mr. Ajay Mohan Goel, Advocate For respondent No.1: Mr. H.C. Sharma, Advocate Sanjay Karol, J. (Oral) The petitioner has assailed the impugned order dated 28.5.2003 passed by the Sub Judge Ist Class, Theog, Distt. Shimla, H.P. in Case No. 19-X of 2001 titled as M/s. Negi vs. Atma Ram, whereby the execution petition filed by the petitioner herein stands dismissed. The petitioner filed Civil Suit No.53-1 of 1989 titled as Anant Ram Negi v. Atma Ram & Ors. In the said suit, Himachal Pradesh State Forest Corporation was arrayed as defendant No.11. The trial Court passed certain orders which were assailed by Shri Atma Ram before the Addl. District Judge, Shimla. In the said appeal, the private parties entered into a compromise 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 on 13.9.1991 and in terms of the compromise, the original plaintiff/present petitioner, withdrew the suit with certain understandings arrived at between them. Admittedly, this order has attained finality. In terms of the compromise, some amounts were to be recovered by the petitioner from the H.P. State Forest Corporation. Importantly, compromise arrived at was not between the petitioner and the Forest Corporation but inter se between the private parties. The Forest Corporation obviously could not be bound by the same as the petitioner had unconditionally withdrawn the suit. Subsequently, petitioner filed an execution petition seeking enforcement of the aforesaid order dated 13.9.1991 against the H.P. State Forest Corporation. The Court below has rightly dismissed the execution petition as no effective and binding compromise, as stipulated under Order 23 Rule 3 CPC was arrived at between all the parties to the suit. The inter se arrangement arrived at between the private parties cannot be held binding upon the Forest Corporation. I find no infirmity in the impugned order. The present revision petition being devoid of any merit is dismissed. ( Sanjay Karol ), Judge. June 23, 2009. (rana)