Shanti Devi Gulati (Since Deceased) v. Chandi Prasad Dhyani (Since Deceased)

SL. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGES'S ORDERS

SA No.220 of 2019

Hon'ble Siddhartha Sah, J.

Mr. Piyush Garg, Advocate for the appellants.

Ms. Zeba Naaz, Advocate holding brief of Mr. Siddhartha Singh, Advocate for the respondents.

The report of Registrar (Judicial) is taken on record.

IA No.16713 of 2026 is a compromise application filed on behalf of the parties with a prayer to dispose of the present second appeal in terms of the present compromise and decree passed by the learned appellate court be set aside and the decree passed by the learned trial court be restored.

A copy of the settlement agreement is placed on record as Annexure No.-1 of the compromise. The terms of the settlement agreement are as under:-

"1. The Legal Heirs of Late Shanti Devi named as Suraj Prakash Gulati, Vijay Kumar Gulati Sunil Kumar Gulati, hereinafter named as First Party, are owner in actual physical and peaceful possession of demised premises property i.e. Property Number 10 situated at Mukherjee Marg, RISHIKESH.

¶2The Second Party are lessee in the rented accommodation demised premises property i.e. Rooms located at Mukherjee Marg RISHIKESH.

¶3The First Party who are Legal Heirs of late. Shanti Devi will give compensation to the Second Party in lieu of the rented accommodation demised premises Property i.e. 7 Rooms located at 10 Mukherjee Marg, RISHIKESH.

¶4The Second Party who are in possession of rented accommodation demised premises Property i.e. 7 Rooms located at 10 Mukherjee Marg RISHIKESH undertakes to vacate and handover the rented accommodation demised premises Property i.e. 7 Rooms in 10 Mukherjee Marg, RISHIKESH to the First Party who are Legal Heirs of late. Shanti Devi.

¶5The following matters are pending adjudication amongst the parties who all mutually agrees to settle all the matters before respective Hon'ble Court:-

(i) Jitendra Kumar Gupta Vs Suraj WPMS 1593/2023 before Hon'ble High Court, Uttarakhand.

(ii) Chandi Prasad Dhyani vs Suraj Prakash Gulati App No. 59/2023 before Hon'ble High Court, Uttarakhand.

(iii) Jitendra vs State vs Uk And Suraj 1032/2014 before Hon'ble High Court, Uttarakhand.

(iv) Dinesh Kumar Vs Suraj Prakash CLR 124/ 2017 before Hon'ble High Court, Uttarakhand.

(v) Praveen Dhyani vs Shanti Devi SA 50/2015 before Hon'ble High Court, Uttarakhand.

(vi) Jitendra Kumar Gupta Vs Suraj Prkash WPMS 940/2015 before Hon'ble High Court, Uttarakhand.

(vii) Praveen Dhyani Vs Suraj Gulati Criminal Revision Number 02 Of Year 2025 Before Hon'ble Additional District Judge 1st Rishikesh District Dehradun.

The parties mutually agree to enter into this compromise in these suits or any other suits against each other.

¶6The parties agree to sign any document of affidavit or compromise which is required before any Hon'ble Court or Authority or Officer or Tribunal to settle the matters in regard of ongoing disputes which are detailed above or any other matter if any) and parties will not adopt or initiate any legal proceedings in future.

¶7The parties are forgoing all their claims of any nature, whatsoever, against each other or family members or legal heirs and no coercion or force is applied in order to settle the aforesaid matters mutually amongst the parties.

¶8The parties, legal heirs of the parties are bound by the terms of this compromise and undertakes not to adopt or initiate any legal proceeding against each other in regard of the demised premises Property ie. 7 Room located at 10 Mukherjee Marg, Rishikesh."

Today, the parties Mr. Suraj Prakash Gulati the appellant no.2 and Mr. Pankaj Chand Dhyani S/o Chandi Prasad Dhyani were referred to the Registrar (Judicial) for verification of the compromise. After due verification, a report has been submitted by the Registrar (Judicial) dated 23.04.2026 mentioning therein:-

"It is most humbly submitted that today, the Hon'ble Court vide its order dated

23.04.2026 has been pleased to refer parties of instant Second Appeal to undersigned for verification of the compromise, parties have filed in the matter.

¶2In the compliance, the parties of the instant matter i.e. appellant No. 2 Shri Suraj Prakash Gulati and respondent No. 5 Shri Pankaj Chand Dhyani appeared before the undersigned. The said parties were accompanied by their respective counsels Shri Piyush Garg and Shri Siddhartha Singh.

¶3The aforesaid appellant No. 2 Shri Suraj Prakash Gulati and respondent No. 5 Shri Pankaj Chand Dhyani, endorsed and authenticated certified copy of the compromise executed between the parties, by their signatures on overleaf of every page of the compromise, which is paper number 322 to 324 on the records. The said parties were identified by their aforesaid respective counsels by their signatures. The appellant No. 2 also showed his PAN card and Voter Identity card for the identification and the respondent No. 5 showed his ADDHAR Card. Photocopies of these cards are enclosed with this report.

¶4Report, as desired by the Hon'ble Court, is submitted with profound regards."

Since as per report of the Registrar (Judicial), the appellant no.2 Suraj Prakash Gulati and the respondent no.2 Shri Pankaj Dhyani along with their respective counsel appeared before the Registrar (Judicial) and appellant no.2 Suraj Prakash Gulati respondent no.2 Shri Pankaj Chand Dhyani, endorsed and authenticated certified copy of the compromise executed between the parties, by their signatures and the parties were identified by their respective counsel.

On the basis of the aforesaid report of the Registrar (Judicial), the compromise application IA No.16713 of 2025 is allowed and the present second appeal is disposed of in terms of the present compromise to the effect that decree passed by the learned appellate court is set aside and the decree passed by the learned trial court is restored.

The compromise application shall form part of the decree.

The trial court record be remitted back to the concerned court.

The second appeal stands disposed of accordingly.

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(Siddhartha Sah, J.)

23.04.2026

Ravi