RAMESHWAR PRASAD JUYAL Vs. DULARI DEVI

JUDGEMENT

(1.) Present writ petition, under Article 227 of the Constitution of India, arises out of the judgment and order dtd. 9/7/2018 passed by Civil Judge (Sr. Div.) Pauri Garhwal in Civil Execution No. 04 of 2016 Rameshwar Prasad Juyal vs. Smt. Dulari Devi and judgment and order dtd. 27/11/2018 passed by District Judge Pauri Garhwal in Civil Revision No. 17 of 2018 Rameshwar Prasad Juyal vs. Smt. Dulari Devi.

(2.) Brief facts, leading to the present case are that petitioner filed Original Suit No. 24 of 2009, Rameshwar Prasad Juyal vs. Smt. Dulari Devi, seeking relief of demolition, possession and prohibitory injunction against the respondent defendant with the averments that 1 Nali land, bearing plot no. 3764, 3765, 3766 and 3768 was purchased by the wife of the petitioner/plaintiff in the years 1985 in which house is constructed and there is a an orchid. Thereafter, petitioner/plaintiff has purchased another 8 muthi land from the Omkar Singh (seller), situated at Pauri Kotdwar Motor Road and further purchased 5 Muthi Land in khasra no. 3764. Again, petitioner/plaintiff purchased 13 Muthi land in Khasra No. 3763 in the year 2002 mentioned at the bottom of the plaint, property in dispute has been shown as east side-house of respondent defendant, west side- house of Surendra Singh Rawat and land of Darshan Singh, north side- land and house of plaintiff/ petitioner and south side- Pauri Kotdwar Motor Road. Respondent contested the suit by filing her written statement. During the pendency of the suit, parties arrived to a compromise and suit was disposed of in terms of compromise. Terms of compromise between the parties are extracted hereunder:-

(3.) Respondent was not satisfied by the compromise, thus, she instituted a miscellaneous case no. 3 of 2012 titled Smt. Dulari Devi vs. Rameshwar Prasad Juyal seeking cancellation/declaration of compromise decree as null and void. The trial court having considered the material available before it and also having considered the fact that compromise took place between the parties before the Lok Adalat, the same is binding upon the parties and dismissed the case filed by the respondent by its judgment and order dtd. 6/10/2015. The compromise decree dtd. 23/8/2012 has attained finality.