NANAK CHAND Vs. KANAHIYA LAL

JUDGEMENT

(1.) Aggrieved by the judgment and decree dated 12.10.2012, passed by learned District Judge, Shimla in Civil appeal No.19-S/13 of 2012, the appellant, Nanak Chand, hereinafter referred to as the defendant, has preferred this appeal with a prayer to quash and set aside the same.

(2.) The appeal presently is at its initial stage.

(3.) In terms of the amicable settlement, Shri Nanak Chand, the defendant, has admitted Shri Kanahiya Lal, the plaintiff to be the exclusive owner of the suit land bearing Khata No.1 min, Khatauni No.3, Khasra No.366, measuring 0-02-62 hectares situated at Mauja Bauwin, Tehsil and District Shimla. The plaintiff has agreed to provide passage in the width of 3½ feet for being used by defendant Nanak Chand and other members of his family and also by those, who claim through him to have access from his house to his land situated nearby. Nothing is, therefore, left to be adjudicated upon on merits in this appeal and the same as such can be disposed of in terms of the compromise Ex.C-1.