CS 13 of 2008. 20.8.2008 Present: Mr. Naresh Sood, counsel for the plaintiff. Mr. G.D.Verma, Sr. Advocate, with Mr. B.C.Verma, counsel for defendants 1 to 3. Mr. Bimal Gupta, counsel for defendant No. 4. Parties are also present. OMP Nos. 384 and 385 of 2008 Allowed. OMP 51 of 2008 Infructuous, in view of the orders passed in the main suit. OMP 388 of 2008 This application has been moved by the plaintiff under Order 23 Rule 1 read with order 1 rule 10(2) and Section 151 of the Code of Civil Procedure with a prayer that the plaintiff does not wish to pursue his claim against defendant No. 4 in so far as it relates to a part of the suit land measuring 31 bighas and 13 biswas, denoted as khasra No. 254/1 out of Khasra No. 254 as per sale deed dated 18.2.2008 registered as such on 18.2.2008 in the office of Sub Registrar, Tehsil Kasauli, District Solan. Learned counsel for defendant No. 4 submits that the application cannot be allowed. This is indeed a strange request. Plaintiff being the dominus litis, it is for him to choose as to whether to prosecute his entire -2- claim or to abandon it. The submission of the learned counsel is rejected. Registry is directed to delete the name of defendant No. 4 from the array of defendants. The plaintiff having given up his claim qua defendant No. 4 and having not pressed any claim against him, defendant No. 4 cannot have any claim /objection to the deletion of his name from the array of defendants. The application is allowed as prayed for. OMP 387 of 2008 This application has been moved under Order 23 Rule 3 of the Code of Civil Procedure by the plaintiff and defendants 1 to 3 jointly with the prayer that they have compromised the subject matter of the suit in the terms and conditions as contained in this application. The parties to this suit, that is, the plaintiff and defendants 1 to 3 have agreed that: (a) the plaintiff and defendants 1 to 3 have mutually agreed and settled and the plaintiff has abandoned its claim qua part of suit land measuring 31 Bighas 13 Biswas detailed above which has been sold by defendants 1 to 3 in favour of Sh. Dharam Pal original defendant No. 4 in the suit. It has further been agreed and settled that out of the remaining -3- balance suit land measuring 160 Bighas 9 Biswas out of total suit land measuring 192 Bighas 2 Biswas comprised in Khewat Khatauni No. 24/27, Khasra No. 252, 253 and 254 at Mauza Up Mahal Tipra, Pargna Bhaget, Tehsil Kasauli, District Solan, H.P. the defendants 1 to 3 will transfer land measuring 125 Bighas 6 Biswas as comprised in khasra No. 252/2 (measuring 84 Bighas 8 Biswas), 254/2 measuring 35 Bighas 2 Biswas) and Khasra No. 253, measuring 5 Bighas 16 Biswas, total 125 Bighas and 6 Biswas as detailed and shown in tatima and jamabandi as attached Annexure A collectively to the settlement has been agreed to be transferred free of all encumbrances or claims or demands of any kind from any quarter to the plaintiff company or in the alternative solely at the discretion of the plaintiff in the name of its nominee or nominees or any other person or persons whom the plaintiff chooses or directs as the case may be for a total sale consideration of Rs.81,34,000/- (Rupees eighty one lacs, thirty four thousand only). The defendants 1 to 3 acknowledge to have already received a sum of Rs.twenty lacs from the plaintiff -4- as detailed in the plaint at the time of executing agreement dated 22.4.2007 for the entire land of 192.2 Bighas. Since defendants 1 to 3 at present are not in a position to immediately return this amount of Rs. Twenty lacs to the plaintiff as such in case the ultimate sale deed in terms of this compromise is opted to be executed in the name of any other persons, other than the plaintiff, then this amount of Rs. twenty lacs is agreed to be repaid to the plaintiff by defendants 1 to 3. The necessary expenses for the stamp papers, registration charges etc. shall be borne by the plaintiff or their nominee / nominees or any other person or persons whom the plaintiff chooses or directs as the case may be. Remaining land measuring 35.3 Bighas shall be owned and possessed by defendants 1 and 2. (b) That the sale deed shall be executed by defendants 1 to 3 and got registered in favour of the plaintiff or its Nominee/Nominees or any other person or persons whom the plaintiff chooses or directs as the case may be, immediately on the asking of the plaintiff or its nominee / nominees or any other person or -5- persons whom the plaintiff chooses or directs within a day as and when such demand is made. (c) That on the successful implementation of this settlement and compromise and on execution, registration of the required sale deed of the balance land measuring 125 Bighas as detailed before, the defendants 1 to 3 shall be deemed to have been released of their respective mutual obligations arising in favour of the plaintiffs out of earlier agreement to sell dated 22.4.2007. All averments made contrary to this settlement in the written statement by the defendants are withdrawn by defendants 1 to 3. (d) That in view of aforesaid terms and conditions the defendants 1 to 3 have agreed to suffer a decree of specific performance which may be passed by this Hon’ble Court. (e) That parties to this settlement/ compromise i.e. defendants 1 to 3 and plaintiff hereby in clear terms admit and undertake to remain bound by the terms of this settlement / compromise. In case any of the parties neglect, delays or refuses to give effect to the terms of this compromise, -6- the defaulting party/parties, in addition to other legal remedies including execution of the decree which can be enforced against it either by the plaintiff or its nominee or nominees or any other person or persons whom the plaintiff chooses or them shall also be liable for contempt of Court as the parties hereto have understood and agreed to the terms and conditions as detailed in this settlement out of their free will and voluntary volition without any allurement or pressure of any kind and have also clearly understood that violation or neglect to give effect to the terms of this compromise / settlement can also hold the defaulting party liable for contempt of Court and can even be jailed for such violation or neglect. (f) That in view of this settlement / compromise and with a view to put an end to all pending claims, disputes and also with a view to maintain harmonious relations, the parties hereto admit, acknowledge and declare that all the pending criminal complaints, FIRs etc. interse parties relating to the suit land, whether under investigation or -7- before any Court or authority shall be deemed to have been settled, compromised and withdrawn and no further action of any kind shall be pressed or asked for by any of the parties against each other at any forum.” This application along with its annexures is taken on record and marked as Ex. C-1. The parties are present in Court today. Their statements have been recorded separately and they have accepted the terms and conditions of this compromise. The application is duly supported by the affidavit of Shri Mohinder Pal who has instituted the suit on behalf of the plaintiff and the three defendants. Statements of the parties have been separately recorded. Let a decree be passed in terms of Ex.C-1 and its annexures, which shall form part of the decree. CS 13 of 2008. This suit is decreed in terms of the compromise as contained in Ex.C-1 along with annexures which shall form part of the decree. A decree sheet be drawn up accordingly. The Court fee be refunded to the plaintiff in accordance with law. All pending applications shall stand disposed of and interim orders vacated. Copy dasti. August 20, 2008 (PC). (Dev Darshan Sud), J.