S.Gurmeet Singh and Anr v. Vikas Malhotra and Anr

ORDER (29.12.2025)

¶01Two respondents herein, namely, Vikas Malhotra and Veena Malhotra, as plaintiffs, preferred a civil suit for eviction of the two appellants herein, namely, S. Gurmeet Singh and Arun Gupta, as defendants, from a suit shop located in House premises No. 29, Parade Ground Road, Jammu.

¶02Said civil suit came to be decreed against the appellants by virtue of a judgment and decree dated 09.09.2014 passed by the court of learned Principal District Judge, Jammu Serial No. 174 Supplementary List-1

CM No. 8490/2025 c/w CCROS No. 20/2014

whereby the appellants herein stood directed to be evicted from the suit shop.

¶03Against said judgment and decree, the two appellants/defendants came forward with the present Civil First Appeal CFA No. 53/2014 instituted on 18.09.2014.

¶04The respondents-herein from their end came forward with Cross Objections/Cross Appeal under Order 41 Rule 22 of the J&K Code of Civil Procedure, Svt., 1977 filed on

25.09.2014.

¶05During the pendency of the Civil First Appeal connected with the Cross Objections/Cross Appeal, the parties have mutually settled the lis with respect to the suit shop by virtue of a compromise agreement dated 25.11.2025 duly notarized in terms whereof the appellants have agreed to vacate the suit shop and in return thereof the respondents have obliged themselves to pay an agreed amount of money. All the terms and conditions of the compromise are settled and stated in the compromise agreement dated

25.11.2025.

¶06Through the medium of application CM No. 8490/2025, the disposal of present appeal as withdrawn is being solicited.

CM No. 8490/2025 c/w CCROS No. 20/2014

¶07In response to this application, the respondents/plaintiffs through their Advocate Mr. Virender Bhat, submits no objection. Copy of the compromise agreement dated

25.11.2025 is accompanying said application CM No. 8490/2025.

¶08In the light of the development having so taken place, this Court hereby disposes of present Civil First Appeal CFA No. 53/2014 read with CCROS Objections/Cross Appeal No. 20/2014 on the terms and conditions of compromise agreement dated 25.11.2025 to be read as part and parcel of the decree of dismissal of the Civil First Appeal CFA No. 53/2014 of the appellants as withdrawn and disposal of the CCROS Objections/Cross Appeal No. 20/2014 of the respondents/plaintiffs also as withdrawn. Decree to be drawn accordingly.

¶09Both the files to be consigned to records. Original record of the court below to be sent back.

¶10Disposed of.

(RAHUL BHARTI) JUDGE JAMMU

29.12.2025

SUNIL

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No. 8490/2025 in CFA No. 53/2014 S. Gurmeet Singh & Anr. …..Applicants/Appellants Through: Mr. Sunil Sethi, Sr. Advocate with Mr. Ankesh Chandel, Advocate Mr. Virender Bhat, Advocate in CCROS No. 20/2014 Vs Vikas Malhotra and Anr. .….Non-applicants/Respondents Through: Mr. Virender Bhat, Advocate Mr. Sunil Sethi, Sr. Advocate with Mr. Ankesh Chandel, Advocate in CCROS No. 20/2014 CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE