IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. R.S.A. No. 510 of 2008. Decided on: 16th August, 2010. Subhash Chand Khatri. …Appellant. -Versus- Rakesh Kumar Gupta. …Respondent. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the appellant. : Mr. D.S. Kainthla, Advocate. For the respondent. : Mr. Virender Singh Chauhan, Advocate. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): C.M.P.(M) No. ___________of 2010. This application under Order 23 Rule 3 of the Code of Civil Procedure has been presented in the Court today. The same is permitted to be taken on record alongwith compromise deed. As per the terms and conditions of Order 23 Rule 3 of the Code of Civil Procedure, the plaintiff-respondent has agreed to receive a sum of Rs.28,000/-. 2. In view of this, the appeal is disposed of in the following manner:- “(a) the decree passed by the First Appellate Court is modified and the suit is decreed for sum of Rs.28,000/- instead of Rs.40,900/-; 1 Whether the reporters of the local papers may be allowed to see the judgment?No. (b) the plaintiff-respondent is permitted to withdraw the amount to the extent of Rs.28,000/- with interest; and (c) the remaining amount is directed to be refunded to the defendant-appellant with interest.” 3. The application stands disposed of. (Rajiv Sharma) Judge 16th August, 2010. (bhupender)