Neutral Citation No:=2023:PHHC:110409
2023:PHHC:110409
RSA-2093-2012(O&M) --1--
102+226 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RSA-2093-2012 (O&M)
Decided on:-23.08.2023
Gurcharan Singh ....Appellant
vs.
Avtar Singh ....Respondent.
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. K.S. Rathor, Advocate for
Mr. J.S. Toor, Advocate
for the appellant.
Mr. Mandeep Kumar Dhot, Advocate,
for the respondent.
*****
HARKESH MANUJA J. (Oral)
1. By way of present appeal, challenge has been laid to the judgments and decrees dated 28.08.2010 and 10.02.2012, passed by the Courts below, whereby, the suit for specific performance and permanent injunction, filed at the instance of respondent-plaintiff, was decreed.
2. During the pendency of present appeal, a settlement has been arrived at between the parties, which has been reduced into writing vide settlement/compromise deed dated 07.09.2022, duly signed by both the parties and the witnesses, which has been placed on record as Annexure A-1 along with application bearing CM-9245-C-2023.
3. As per the settlement, appellant-defendant has paid a sum of Rs.2.5 lacs as full and final settlement towards the agreement to sell dated 02.05.2005.
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4. Having received the aforesaid amount, respondent-plaintiff has agreed not to seek enforcement of decree dated 28.08.2010 on the basis of aforesaid agreement to sell dated 02.05.2005.
5. Considering the aforesaid facts, the present appeal is disposed of in terms of the compromise/settlement dated 07.09.2022 (Annexure A-1), which shall also form part of the decree.
6. Pending application(s), if any, stand(s), disposed of.
23.08.2023 (HARKESH MANUJA)
sonika JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/ No
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