NAGAR PALIKA PARISHAD VIKAS NAGAR, DISTRICT DEHRADUN AND ORS Vs. PRAMOD KUMAR GUPTA; KAMLESH KUMAR GARG; SARVENDRA SINGH; GURUVACHAN SINGH; HIMKAR GUPTA S/O NARESH GUPTA; ANIL BANSAL S/O JEEVAN LAL BANSAL; AVINESH BANSAL S/O JEEVAN LAL BANSAL; SUSHMA BANSAL S/O ANIL BANSAL

JUDGEMENT

(1.) Affidavit of Mr. B.L. Arya, Executive Officer, Nagar Palika, Vikas Nagar, District Dehradun, is accepted on the record. Application (IA 2988/2016) made therefor stands disposed of.

(2.) Having heard the rival contentions of the parties on the miscellaneous application (CLMA 2486/2016), duly supported by an affidavit of Mr. B.L. Arya, Executive Officer, Nagar Palika, Vikas Nagar, Dehradun, it transpires that the appellant Nagar Palika Parishad has sought dismissal of this Second Appeal No. 20 of 2013 by way of its withdrawal. This withdrawal has been sought on the basis of the compromise dated 8.3.2016 arrived at between the appellant and the respondents 5 to 8.

(3.) It has already been made clear by this Court in its order dated 4.9.2014 that the property, in question, which has been manifested by the red colour in the site plan enclosed by Mr. Kamlesh Kumar Garg and confined in the plots ad measuring 3054.83 sq. ft and 5240.60 sq. ft., was purchased by Himkar Gupta, Anil Bansal, Avinesh Bansal and Sushma Bansal from Pramod Kumar Gupta and Kamlesh Kumar Garg vide sale deed dated 20.10.2006. They permitted the municipality to lay out its passage of 12 feet width towards east of the bigger plot area.