SHIV RAM Vs. JAGAN NATH

JUDGEMENT

(1.) By way of the instant Letters Patent Appeal, the appellant has called in question order dated 2nd December, 2019, passed by the learned Single Judge in Contempt Petition (Civil) No. 22 of 2018 directing the revenue authorities to implement the compromise entered into between the parties.

(2.) The brief facts of the case are that the appellant had filed Civil Suit No. 112-I/2014 on the file of the Civil Judge (Senior Division), Court No. I, Sundernagar, District Mandi, for declaring the Will said to have been executed by late Shri Gopala Ram, as null and void and not binding on the parties. The parties to the suit entered into a compromise and an application under Order 23 Rule 1 of the Code of Civil Procedure was filed for recording the compromise and the suit ended in passing of the compromise decree on the basis of the compromise entered into between the parties. Since the appellant did not co-operate for settling the dispute as per the compromise entered into between the parties, Contempt Petition No. 22 of 2018 came to be filed before this Court by the respondents with a prayer to punish the appellant for his willful disobedience of the compromise decree dated 18th June, 2016 passed in Civil Suit No. 112-I/2014 with a further prayer to direct the revenue authorities to implement the order and decree immediately by taking the assistance of the Police in executing the compromise decree.

(3.) The learned Single Judge, vide order dated 2nd December, 2019, passed in the said Contempt Petition, directed the revenue authorities to implement the compromise entered into between the parties and in a manner that the parties are put in possession of their respective shares in the property in terms of the compromise and the matter has been ordered to be listed on 27th December, 2019. Against this order, the appellant has filed the instant appeal.