GOPAL SHUMSHER RANA Vs. LT GENERAL SHRIDHAR SHUMSHER

JUDGEMENT

(1.) The Appellant challenges the order of a learned Single Judge dated 27 March 2012 dismissing a notice of motion taken out by the Appellant (the original fourth Defendant) seeking an order and direction against the First Respondent (the plaintiff in the suit) to comply with the consent terms dated 11 February 1958 and a consent decree dated 8 March 1958 and seeking an injunction.

(2.) On 23 July 1958, Lt. General Shridhar Shamsher Jung Bahadur Rana filed a suit (48 of 1957) against Rajkumar Pitember Shumsher and others for administration of the estate of Maharani Bala Kumari Devi. On 11 February 1958, the parties to the suit filed consent terms. The Original plaintiff was appointed as Receiver without security and renumeration to the estate of the deceased with a power to appoint a Valuer and to distribute the estate of the deceased. Clause 19 of the consent terms provided that the plaintiff as the Receiver be discharged without passing any accounts on his completing the distribution of the estate of the deceased and the contents of two boxes of jewellery. The Fourth Defendant was also entitled to a certain share as per the consent terms. The parties were granted liberty to apply. On 11 February 1958, this Court drew a preliminary decree in terms of the consent terms dated 11 February 1958.

(3.) On 24 August 1979, on the demise of the original plaintiff, the original plaintiff was substituted by his heir and representative namely Lt. General Shridhar Shum Sher Jung Bahadur Rana.