19.03.2026 vs Parkash Chand & Others on 9 April, 2026

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    ADVERTISEMENT

    Himachal Pradesh High Court

    Reserved On: 19.03.2026 vs Parkash Chand & Others on 9 April, 2026

                                                                         2026:HHC:11499
    
    
    
         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                               Civil Revision No.72 of 2025
                               Reserved on: 19.03.2026
    
    
    
    
                                                                    .
                               Decided on: 09.04.2026
    
    
    
    
    
        Rajeev Bansal                                           ....Petitioner
    
                                    Versus
    
    
    
    
    
        Parkash Chand & others                                  ...Respondents
    
        Coram
    
    
    
    
                                              of
        Hon'ble Mr. Justice Romesh Verma, Judge
    

    Whether approved for reporting?

        For the petitioner:          Mr. Anand Sharma, Senior Advocate
                       rt            with Mr. Karan Sharma, Advocate.
        For the respondents:         Mr. Ashok Kumar Tyagi, Advocate, for
                                     respondent No.1
    
                                     Mr. Baldev Singh Negi, Additional
    

    Advocate General, for respondents No.2
    and 3.

    SPONSORED

    Romesh Verma, Judge
    The present petition arises out of the order, as

    passed by learned Additional District Judge, Nahan, District

    Sirmaur, H.P., dated 07.07.2025, whereby the application filed by

    the present petitioner under Section 47 of Civil Procedure Code to

    issue direction to judgment debtor to release 50% of

    compensation of land belonging to Smt. Indrawati, has been

    dismissed.

    2. Brief facts of the case are that the present petitioner

    Rajeev Bansal filed a suit for declaration with consequential relief

    of permanent prohibitory injunction in the Court of learned Sub

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    2

    Judge, Nahan. Learned trial Court vide its judgment and decree

    dated 14.06.1999 dismissed the suit as preferred by the present

    .

    petitioner. As per averments as made in the plaint, it was alleged

    that one Shri Kaka Ram, son of Roada Mal was the owner of the

    land in village Joharon, Tehsil Nahan. He had three sons, namely,

    S/Shri Shanti Sarup, Ram Sarup and Gopal Dass. Shri Ram

    of
    Sarup died on 14th Chait 1998, (1941 AD) during the lifetime of

    his father Kaka Ram and was survived by his wife Indrawati and
    rt
    his son Naresh Kumar. Shri Naresh Kumar also died during the

    life time of Kaka Ram.

    3. It was stated in the plaint that, after the demise of

    Kaka Ram, his sons Shanti Sarup and Gopal Dass entered into a

    family settlement on 25.04.2001, whereby 1/3rd share in the total

    land situated in village Joharon was kept apart as maintenance to

    Smt. Indrawati, wife of Ram Sarup and Smt.Surgi Devi,

    grandmother of the parties, but the same was relinquished in

    favour of Shanti Sarup, in lieu of providing maintenance to both

    Smt. Sugri Devi and Smt. Indrawati, whereas the remaining 2/3rd

    share in the land was divided and partitioned between Shanti

    Sarup and Gopal Dass in equal shares. It was further averred

    that after the separation of 1/3rd share of Gopal Dass, the

    remaining land measuring 155-02 bighas in village Joharon came

    into possession of Shanti Sarup as owner in the said family

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    settlement. Thus, he claimed his exclusive ownership in the suit

    land. In the alternative, Shanti Sarup also claimed to have

    .

    become owner qua the alleged share of Indrawati by virtue of

    adverse possession. The suit land is shown to be owned and

    possessed by Shanti Sarup and Indrawati, widow of Ram Sarup,

    in equal share. However, said Indrawati left the house and

    of
    remarried to one Shri Balkrishan Goyal of Delhi in 1948 AD.

    Therefore, under the old Hindu Law prevalent, at that time, she
    rt
    forfeited her right to maintenance, also, and the suit land reverted

    back to Shanti Sarup, brother of Ram Sarup. It was averred that

    upon the remarriage of Indrawati to Balkrishan Goyal, her share

    was reverted back to Shanti Sarup only and therefore, he became

    the full owner of the suit land. Indrawati was not competent to

    execute the Will qua her share in the suit land in favour of

    Parkash Chand on 21/22.08.1984, nor he was entitled to get the

    mutation of her share in the suit land.

    4. After the dismissal of the suit on 14.06.1999, the

    present petitioner Rajeev Bansal preferred an appeal in the Court

    of learned District Judge, Sirmaur on 20.07.1999. The learned

    District Judge vide its judgment and decree dated 05.09.2000

    accepted the appeal and the judgment and decree passed by

    learned trial Court was set aside and the suit of the present

    petitioner for declaration that he is the exclusive owner-in-

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    possession of the suit land was decreed. As a consequential

    relief, defendant No.1/present respondent Parkash Chand was

    .

    restrained from interfering in possession of the plaintiff/present

    petitioner over the suit land.

    5. Against the judgment and decree as passed by

    learned District Judge, Nahan, District Sirmaur, dated 05.09.2000,

    of
    the present respondent, Parkash Chand, along with Brij Bhushan

    and Pushpa Devi, preferred a regular second appeal in this Court.

    rt
    The appeal came up for consideration on 26.10.2006, and by the

    said order, the appeal was disposed of as having been

    compromised between the parties in the following manner:

    “This appeal coming up for final hearing on 26 th day

    of October, 2006, before a single bench consisting of
    Hon’ble Mr. Justice Surjit Singh, Judge, High Court of

    Himachal Pradesh Shimla, in the presence of Mr.
    Sandeep Kaushik, Advocate counsel for the

    appellants, Mr. Ankush Sood, Advocate, counsel for
    respondent No.1 and Mr. Bimal Gupta, Advocate

    counsel for respondents No.3 to 6; it is ordered in
    terms of the compromise Ex. CA and site plan
    (Annexure A-1) to Ex. CA, the decree passed by the
    first appellate Court is superseded and the following
    ultra is passed.

    1. Appellants-defendants Parkash Bansal, Brij
    Bhushan and Pushpa Devi are declared to be owners
    in possession of 6 Bighas land forming part of Khasra
    No.17, as depicted by Khasra No.17/1 in Annexure A-1
    to compromise deed Ex. CA, situate in Moza Joharon,

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    Tehsil Nahan, District Sirmour, H.P. The possession of
    this 6 bighas and is admitted by the respondents to
    have been delivered to the appellants.

    .

    2. For approaching the aforesaid 6 bighas land

    depicted by Khasra No.17/1 from Tarlokpur-Kala Amb
    road, a passage has been provided by the

    respondents(plaintiff and proforma defendants) from
    the land owned and possessed by them and the said
    passage is depicted by Khasra Nos.204/135/2/2,

    of
    205/135/1/1, 205/135/2/1, 204/135/2/2 and
    205/135/2/3 situate in Moza Joharon, Tehsil Nahan,
    District Sirmour, H.P. and this passage will be
    rt
    available for use not only to the defendants-appellants
    above named, but also to the respondents.

    3. The un-disbursed amount of compensation awarded
    on account of acquisition of land bearing Khasra
    No.134/18, 146/30/2 and 150/31 situate in Moza

    Joharon and any further increase in the amount of
    compensation by this Court in the appeal filed in this
    Court for enhancement of such compensation, shall be

    shared by the parties in the following manner:-

    (a) Appellants-defendants shall get 50% of the amount

    now lying in deposit as also the amount by which the
    compensation may be enhanced by this Court.

    (b) The remaining 50% of the amount referred to in
    clause (a) above shall be shared equally by
    respondent No.1 Rajeev Bansal, respondent No.2
    Surinder Nath and the legal heirs of late Sh. Mohinder
    Kumar Bansal, who are respondents No.3 to 7 in the
    appeal.

    The amount of compensation already
    withdrawn/disbursed to the appellants shall remain
    with them and the respondents will not law any claim
    to the same.

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    4. The partition of Shamlat land, situate in Moza
    Joharon regarding which mutation No.293 has been
    sanctioned shall remain intact and binding up on the

    .

    parties.

    5. The parties are declared to be exclusive owners in
    possession of the following properties in terms of the

    compromise:-

        Sr.   Name of owners                      Khasra Nos.        Area   in
        No.                                                          bighas
    
    
    
    
                                                   of
        1.    Sh. Parkash Chand,                  17/1               6-0
              Sh. Brij Bhushan and
              Smt. Pushpa Devi
              (appellants-defendants No.1 to 3)
        2.    Sh. Rajiv Bansal                    205/135/2/4 to 7   19-8
                          rt
              respondent/plaintiff No.1           205/135/1/2
                                                  17/2
                                                  204/135/2/1
                                                  204/135/2/3
                                                                     1-18
                                                                     6-18
                                                                     0-04
                                                                     2-02
    
                                                                     -------
                                                                     30-10
        3.    Santosh Bansal,                     204/135/1          1-0
              Dharminder Bansal,                  204/135/1,2 & 3    5-11
              Monika Bansal,                                         ------
    
    
              Sanjay Bansal,                                         6-11
              respondent No.3 to 6
              Smt. Savitri Devi respondent No.7
        4.    Area shall remain in                205/135/1/1        1-0
              the name of defendants No.3 to 7.                      5-11
    
    
    
    
                                                                     ------
                                                                     6-11
    
    
    
    
    
        5.    Rajeev Bansal                       204/135/2/2        0-4
                                                  205/135/2/1        0-5
                                                  205/135/2/2        1-4
                                                  205/135/2/3        0-1
                                                                     --------
    
    
    
    
    
                                                                     1-14
    
    
    

    Note:- The aforesaid min Khasra numbers are
    depicted in Annexure A-1

    6. Compromise decree passed in RSA No.40 of 1991,
    decided on 03.07.1991 inter-se respondents No.1 to 8
    shall be binding on all of them including respondent
    No.8.

    7. The parties shall now withdraw all the pending
    matter, if any, in different courts, with respect to the

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    property of Smt. Indirawati widow of Sh. Ram
    Sawroop.

    8. The compromise deed aforesaid Ex. CA and

    .

    Annexure A-1 thereto shall form part of this decree

    (photo copy of Ex. CA and Annexure A-1 are enclosed
    herewith). This appeal stands disposed of accordingly.

    Given under my hand and the seal of the Court, this 26
    th day of November, 2006.

    of
    Superintendent (Judicial) Deputy Registrar (Judicial).”

    6. Pursuant to the determination of the rights by this
    rt
    Court, especially with respect to un-disbursed amount of

    compensation which was to be disbursed amongst the parties, it

    was specifically held that in view of the compromise entered into

    between the parties on the basis of their statements that the

    present respondent/defendant shall get 50% of the amount now

    lying in deposit as also the amount by which the compensation

    may be enhanced by this Court. It was further ordered in para-3

    that remaining 50% of the amount shall be shared equally by

    present petitioner Rajeev Bansal, Surinder Nath and the legal

    heirs of late Sh. Mohinder Kumar Bansal, who were respondents

    No.3 to 7 in the appeal. After the passing of compromise decree,

    this Court enhanced amount of compensation of present

    respondent to Rs.54,06,894/- in RFA No.15 of 1995 and

    Rs.36,04,597 to Rajeev Bansal in RFA No.15 of 1995 and

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    compensation amount of Santosh Bansal wife of late Mohinder

    Kumar Bansal was decided in RFA No.24 of 1995 amounting to

    .

    Rs.18,02,298/- vide its order dated 25.04.2007. After the payment

    of compensation amount, the present respondents/decree holder

    preferred SLP(C) bearing No.24767/2009 before the Hon’ble

    Apex Court. The Hon’ble Apex Court ordered to reduce the

    of
    developmental changes from 40% to 30% which ultimately led to

    enhancement of compensation amount. After the passing of the
    rt
    judgment by the Hon’ble Supreme Court, the payment of

    Rs.16,00,999.75 to the present respondent and Rs.10,67,330/- to

    Rajeev Bansal was paid. As a matter of fact, the petitioner did not

    approach the Hon’ble Supreme Court against the order dated

    25.04.2007 passed in RFA No.24 of 1995.

    7. Three separate execution petitions were filed by the

    respective parties, including the present respondent, for payment

    of amount of compensation. All the execution petitions were

    allowed by passing separate orders vide order dated 26.07.2022.

    It is admitted by the respective parties that no objection of any

    kind was filed by any of the parties during the pendency of the

    execution petition filed by present petitioner. Learned executing

    Court vide its order dated 26.07.2022, passed the order whereby

    the petition as filed by the present respondent was allowed and

    the respondents/judgment debtors i.e. Land Acquisition Collector

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    and State of Himachal Pradesh were directed to pay the

    remaining amount of compensation to the decree holder in terms

    .

    of the calculations. The said order has been placed on record as

    Annexure P-4. Further, the said order has been modified vide

    order dated 30.11.2022. Against the order as passed by the

    learned Execution Court dated 26.07.2022, the present petitioner

    of
    preferred CMPMO No.212 of 2023 before this Court. This Court

    vide its order dated 14.05.2024 dismissed the said petition by
    rt
    passing the following order:-

    “12. As I have already mentioned hereinabove in
    civil litigation between the parties ended in a comprise
    decree before this Court in RSA No.35 of 2001. The
    contents of this compromise decree have already been

    quoted by me in extensio hereinabove. Para-3 of the
    compromise decree mentioned that the undisbursed

    amount of compensation awarded on account of
    acquisition of land bearing Khasra Nos. 134/18,

    146/30/2 and 150/31, measuring 70-01 bighas,
    situated at Mouza Johoran, Tehsil Nahan, District

    Sirmaur, H.P., and any further increase in the amount
    of compensation by the High Court shall be shared by
    the parties in following terms:-

    “Appellant/defendant shall get 50% of the amount
    lying in by which the compensation may be enhanced
    and remaining 50% of the amount shall be shared
    equally by respondent No.1 Rajeev Bansal,
    respondent No.2 Surinder Nath and legal heirs of
    Mohinder Kumar Bansal.”

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    13. Now, the appellants before this Court were
    Prakash Chand, Brij Bhushan and Pushpa Devi. Brij
    Bhushan and Pushpa Devi are not before this Court.

    .

    The petitioners herein are Rajeev Bansal and Surinder

    Nath. In terms of the compromise decree, appellants
    were entitled to 50% of the amount and not 50% of the

    50% as has been argued by the learned Senior
    Counsel for the petitioner.

    14. In fact, the terms of the compromise are very

    of
    clear that the appellants in the RSA were to get 50% of
    the compensation awarded on account of the

    rt acquisition of the said land and the remaining 50%
    was to go to the present petitioners etc.

    15. It is not the case of the petitioners that

    Prakash Chand has got in excess of 50% of the
    amount of compensation on account of the acquisition
    of the said land. That being the case, this Court

    concurs with the submissions made by learned
    counsel for the respondent that this petition is without
    any merit. The compromise decree has to be read as it

    is and the parties cannot be permitted to agitate the
    order passed by the learned Executing Court on the

    basis of material, which is contrary to the final
    compromise entered into between the parties and that

    too before the High Court. Therefore, as the orders
    passed by the Executing Court could not be proved to
    be contrary to the compromise decree passed by the
    Court on the basis of compromise, the petitioners are
    not entitled for any relief and the petition is dismissed.”

    8. Still feeling aggrieved, the present petitioner

    preferred Special Leave Petition (Civil) bearing No.13255 of 2024

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    and the Hon’ble Apex Court vide its order dated 28.06.2024

    disposed of the said appeal in the following manner:

    .

    “We have heard learned counsel for the

    petitioners at length.

    We dispose of this special leave petition by

    observing that the share of the parties herein vis-a-vis
    the land acquisition compensation ought to be
    apportioned in terms of the compromise decree arrived

    of
    at between the parties dated 26.10.2006, which was
    with regard to the division of the property vis-a-vis the

    rt share of Indrawati arrived at between the parties.

    Pending application(s), if any, shall stand
    disposed of.”

    9. Thereafter, the present petitioner filed an application

    before the learned trial Court under the provisions of Section 47

    of CPC, when the respondent sought release of compensation

    amount with a prayer that order dated 26.07.2022 and

    subsequent calculation sheet dated 30.11.2022 be stayed. The

    petitioner further prayed that a direction be issued to the

    judgment debtor to provide 50% of compensation amount to the

    decree holder, Parkash Chand, out of the amount of

    compensation for 35.01 bighas of land belonging to

    Smt.Indrawati, and 2/3rd of the remaining 50% of compensation to

    the objector in equal share, as per compromise deed dated

    26.10.2006 after rectifying the error in calculation of the amount of

    compensation due to the decree holder and the objector

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    individually. The said application was duly replied by the judgment

    debtor. Learned Additional Judge, Nahan vide its order dated

    .

    07.07.2025 dismissed the application filed under Section 47 of

    CPC as being not maintainable.

    10. Feeling dissatisfied against the impugned order

    dated 07.07.2025, the objector/petitioner has approached this

    of
    Court.

    11. It is contended by Mr. Anand Sharma, learned Senior
    rt
    Counsel, duly assisted by Mr. Karan Sharma, Advocate, that the

    present respondent/decree holder is entitled to 50% of

    compensation amount out of amount of compensation for 35.01

    bighas i.e 17.5 bighas of the land and that 2/3rd of the remaining

    50% of the compensation shall be paid to the objector in equal

    share as per compromise dated 26.10.2006.

    12. Before delving into merits of the case, it is apposite to

    explain the nature and scope conferred to this Court under

    Section 115 of the CPC and analyze whether this Court is

    empowered to deal with the issues raised by the petitioner in the

    instant case. The said provision reads as under:

    Section 115. Revision-

    [(1)] The High Court may call for the record of any case
    which has been decided by any Court subordinate to
    such High Court and in which no appeal lies thereto,
    and if such subordinate court appears–

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    (a) to have exercised a jurisdiction not vested in it by
    law, or

    (b) to have failed to exercise a jurisdiction so vested,

    .

    or

    (c) to have acted in the exercise of its jurisdiction
    illegally or with material irregularity, the High Court

    may make such order in the case as it thinks fit:

    [Provided that the High Court shall not, under this
    section, vary or reverse any order made, or any order

    of
    deciding an issue, in the course of a suit or other
    proceeding, except where the order, if it had been

    rtmade in favour of the party applying for revision, would
    have finally disposed of the suit or other proceedings.]
    [(2) The High Court shall not, under this section, vary

    or reverse any decree or order against which an
    appeal lies either to the High Court or to any Court
    subordinate thereto.] [(3) A revision shall not operate

    as a stay of suit or other proceeding before the Court
    except where such suit or other proceeding is stayed
    by the High Court.] [Explanation.–In this section, the

    expression “any case which has been decided”

    includes any order made, or any order deciding an

    issue, in the course of a suit or other proceeding.]”

    13. On bare perusal of the above provision, it is clear

    that the High Court can only interfere with the orders of the

    Subordinate Court if the court has committed illegality or material

    irregularity in exercise of its jurisdiction. It is imperative to note

    that under the revisional powers, this Court cannot attack the

    findings on the facts by the Subordinate Court and can only

    interfere if any infirmities are found with the exercise of jurisdiction

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    14

    of the Court and not when the courts erroneously decide the

    cases.

    .

    14. The primary object of the revision powers conferred

    to the High Courts is to prevent subordinate courts from acting

    arbitrarily, capriciously and illegally while they exercise their

    jurisdiction. The aspect related to the revision powers given to the

    of
    High Court has been extensively dealt with by the Hon’ble

    Supreme Court in a catena of judgments, whereby the Hon’ble
    rt
    Court discussed the meaning and scope of the said provision.

    15. The Hon’ble Supreme Court in M/s D.L.F. Housing

    and Construction Company (P) Ltd., New Delhi vs. Sarup

    Singh and others, 1969(3) SCC 807, has considered the

    provisions of Section 115 of CPC as follows:

    “5. The position thus seems to be firmly established
    that while exercising the jurisdiction u/s 115, it is not

    competent to the High Court to correct errors of fact
    however gross or even errors of law unless the said

    errors have relation to the jurisdiction of the Court to
    try the dispute itself. Clauses (a) and (b) of this section
    on their plain reading quite clearly do not cover the
    present case. It was not contended, as indeed it was
    not possible to contend, that the learned Additional
    District Judge had either exercised a jurisdiction not
    vested in him by law or had failed to exercise a
    jurisdiction so vested in him, in recording the order that
    the proceedings under reference be stayed till the
    decision of the appeal by the High Court in the

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    proceedings for specific performance of the agreement
    in question. Clause (c) also does not seem to apply to
    the case in hand. The words “illegally” and “with

    .

    material irregularity” as used in this Clause do not

    cover either errors of fact or of law; they do not refer to
    the decision arrived at but merely to the manner in

    which it is reached. The errors contemplated by this
    Clause may, in our view, relate either to breach of
    some provision of law or to material defects of

    of
    procedure affecting the ultimate decision, and not to
    errors either of fact or of law, after the prescribed

    rt formalities have been complied with. The High Court
    does not seem to have adverted to the limitation
    imposed on its power u/s 115 of the Code. Merely

    because the High Court would have felt inclined, had it
    dealt with the matter initially, to come to a different
    conclusion on the question of continuing stay of the

    reference proceedings pending decision of the appeal,
    could hardly justify interference on revision u/s 115 of
    the Code when there was no illegality or material

    irregularity committed by the learned Additional District
    Judge in his manner of dealing with this question. It

    seems to us that in this matter the High Court treated
    the revision virtually as if it was an appeal.

    16. The Hon’ble Supreme Court in Civil Appeal No.5622

    of 2025, titled as P. Kumarakurubaran vs, P. Narayanan &

    others, held as under:-

    14. It is also to be noted that the appellant has
    categorically averred in the plaint that he executed the
    registered power of attorney in favour of his father
    solely for the limited purpose of constructing a house

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    16

    and carrying out related activities. There is no express
    clause authorizing his father to sell the suit property to
    any person without the appellant’s consent and

    .

    knowledge. Yet, the appellant’s father executed a sale

    deed in favour of his granddaughter, going beyond the
    scope of the power of attorney, which raises serious

    doubt about misuse of authority and potential fraud.
    Such assertions cannot be rejected in the application
    under Order VII Rule 11 CPC. Accordingly, we are of

    of
    the view that the plaint discloses a cause of action
    which cannot be shut out at the threshold. Thus, the

    rttrial Court acted within its jurisdiction in refusing to
    reject the plaint and in holding that the matter ought to
    proceed to trial. The High Court, while exercising its

    revisional jurisdiction under Section 115 CPC, ought
    not to have interfered in the absence of any
    jurisdictional error or perversity in the trial court’s order.

    Rejecting the plaint where substantial factual disputes
    exist concerning limitation and the scope of authority
    under the Power of Attorney, is legally unsustainable.”

    17. In Ajit Singh & others vs. Krishan Kumar, decided

    on 18th October, 2023, the Hon’ble Delhi High Court, held as

    under:

    “11. The same view is reiterated in a later decision
    of this Court in the case of Managing Director (Mig)
    Hindustan Aeronautics Ltd. v. Ajit Prasad Tarway

    [(1972) 3 SCC 195] wherein a three-Judge Bench of
    this Court speaking through Hegde, J. clearly stated
    that the High Court under Section 115 CPC had no
    jurisdiction to interfere with the order of the first
    appellate court based on facts or even involving any

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    17

    error of law. It was next observed that it was not the
    conclusion of the High Court that the first appellate
    court had no jurisdiction to make the order that it

    .

    made. The order of the first appellate court may be

    right or wrong; may be in accordance with law or may
    not be in accordance with law; but one thing is clear,

    that it had jurisdiction to make that order. It was not the
    case that the first appellate court exercised its
    jurisdiction either illegally or with material irregularity.

    of
    That being so, the High Court could not have invoked
    its jurisdiction under Section 115 of the Civil Procedure

    rt Code.”

    18. The precise case of the objector is that the present

    respondent is entitled to 50% of 50% of the total land comprised

    in Khasra No.134/18, 146/30/2 and 150/31, measuring 70.1

    bighas situated at mauza Joharon, Tehsil Nahan, District

    Sirmaur, H.P.

    19. Now coming to the factual matrix of the case. It is the

    case of the objector/petitioner that the total land acquired was

    about 70 bighas. Therefore, the present respondent was not

    entitled to compensation for 35 bighas of land, but is entitled for

    compensation of 50% of 50% of the land which is 17.5 bighas of

    the land. The contentions and submissions as being raised by the

    objector/petitioner, in the humble view of this Court are contrary to

    the mandate passed by this Court on 26.10.2006. The admitted

    fact is that the un-disbursed amount of compensation awarded on

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    18

    account of acquisition of land bearing Khasra Nos.134/18,

    146/30/2 and 150/31, situated at mauza Joharon, Tehsil Nahan,

    .

    District Sirmaur, H.P. and any further increase in amount of

    compensation was to be shared by the parties. It was agreed

    upon in the compromise that Parkash Chand, Brij Bhushan and

    Pushpa Devi shall be entitled to get 50% of the amount lying

    of
    deposited in the Court as well as any amount which may be

    enhanced by the Court. To the similar extent, remaining 50% of
    rt
    the amount was to be shared equally by the petitioner Rajeev

    Bansal, respondent No.2 Surinder Nath and the legal heirs of late

    Mohinder Kumar Bansal, who were respondents No.3 to 7 in the

    RSA.

    20. The compromise decree is very clear, specific and

    unambiguous and there is no confusion of any kind regarding the

    same. By means of objections, which the present petitioner has

    raised, it will virtually amount to rewriting of the compromise

    decree, which has been passed by this Court. Admittedly, the

    compromise decree has not been challenged by either of the

    parties in any manner. Therefore, the order as passed by this

    Court on 26.10.2006 is final and binding on all. The present

    petitioner was a signatory to the said compromise and the same

    was executed in his presence. Now, by raising the plea that

    Parkash Chand, the present respondent, is entitled to get only

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    19

    50% of 50% of the total land measuring 70.01 bighas, which

    comes to approximately to 17.5 bighas, is erroneous and

    .

    unsustainable.

    21. The record reveals that earlier also similar objections

    had been raised by the present petitioner and those objections

    were rejected by this Court while deciding CMPMO No.212 of

    of
    2023 dated 14.05.2024. Similarly, the Hon’ble Apex Court vide its

    order dated 28.06.2024, has ordered that the apportionment has
    rt
    to be made in terms of the compromise decree as arrived at

    between the parties on 26.10.2006. Therefore, the contentions

    being raised by the present petitioner appears to prolong the

    matter so that the decree holder may not receive the share, which

    he is entitled to from the total amount of compensation. The

    petitioner is trying to rewrite the compromise decree, which was

    entered into between the parties in their presence and was duly

    signed by them. The interpretation which is tried to be given by

    the petitioner that the present respondent is only entitled for 50%

    of the 50% of the total land, which comes to approximately 17.5

    bighas and not 35 bighas is unsustainable and beyond the record,

    as well as the compromise decree passed by this Court.

    22. The petitioner could not point out any error in the

    impugned order as passed by the learned Additional District

    Judge dated 07.07.2025, whereby the application filed under

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    20

    Section 47 of CPC was ordered to be dismissed as not

    maintainable. Learned Additional District Judge, after examining

    .

    each and every aspect of the matter, has rightly dealt with the

    controversy and rejected the application. The objections which

    have been filed/preferred by the present petitioner are neither

    sustainable nor legally valid. Therefore, the same have rightly

    of
    been rejected by the learned Additional District Judge, Nahan.

    The petitioner is trying to take advantage of the judgment and
    rt
    decree as passed by the learned District Judge, Nahan dated

    05.09.2000, which stands superseded by the compromise decree

    as passed by this Court on 26.10.2006. The compromise decree

    has crystallized the rights of the parties. Therefore, the objections,

    which are contrary to the record, cannot be allowed to be

    sustained and the learned Court below has rightly rejected the

    same. There is no illegality or material irregularity committed by

    the learned Court below

    23. Consequently, the present petition being devoid of

    any merit deserves to be dismissed and the same is accordingly

    dismissed along with pending application(s), if any.

    ( Romesh Verma )
    Judge
    April, 2026

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    21

    (vt)

    .

    of
    rt

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