Inderjit Kaur vs Vikram Singh And Others
2022 Latest Caselaw 8391 P&H

RSA-4250-2018 (O&M) and connected matter                          1

104
           IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH


                                         Date of Decision:03.08.2022

1.   RSA-4250-2018 (O&M)
Inderjit Kaur
                                                                  .. Appellant
             Vs.

Vikram Singh and others
                                                                ..Respondents

AND
2.   RSA-4251-2018 (O&M)
Inderjit Kaur
                                                            .. Appellant
             Vs.

Vikram Singh and others
                                                           ..Respondents

CORAM: HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:     Mr. Nitish Garg, Advocate for the appellant.
             Mr. Mandeep Sindhu, Advocate for
             Mr. Sanjiv Gupta, Advocate
             for respondent No.1.
                               ...
Manoj Bajaj, J. (Oral)

CM-9906-C-2019

This is an application for bringing on record the legal

representatives of appellant in the present appeal.

Learned counsel for applicant states that appellant-Inderjeet

Kaur expired on 14.08.2018 and in this regard, he has invited the attention

of the court to her death certificate. He submits that the application is

supported with an affidavit of LR, namely, Aruna Chawla. He prays that the

LRs. of appellant be impleaded as party in these appeals.

Notice in the application.

Mr. Mandeep Sindhu, Advocate accepts notice on behalf of

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non-applicant/respondent No.1 and does not oppose the prayer.

For the reasons mentioned in the application, the same is

allowed. Legal heir-Aruna Chawla is impleaded as party, subject to just

exceptions.

Amended memo of parties, annexed with the application, is

taken on record.

CM-9900-C-2019 and CM-1294-C-2022

Applications are allowed, subject to all just exceptions.

CM-1297-C-2022 and CM-1299-C-2022 Learned counsel for the applicant-appellant has filed these

applications to place on record the compromise arrived at between the

parties during the pendency of the appeal and prays that as the dispute is

amicably settled, the appeal be decided in terms of compromise dated

17.01.2022 (Annexure A-1).

Notice of these applications.

At this stage, Mr. Mandeep Sindhu, Advocate accepts notice on

behalf of non-applicant/respondent No.1 and does not oppose the prayer.

Applications are allowed and compromise dated 17.01.2022

(Annexure A-1) is taken on record.

Main case

Learned counsel for the parties have stated that the

plaintiff/respondent No.1, namely, Vikrams Singh had filed a Civil Suit

bearing No.222 dated 26.08.2009 and the same was contested by

defendants/appellants and thereafter, it was partly decreed vide judgment

and decree dated 04.11.2014 passed by Addl. Civil Judge (Sr. Divn.),

Patiala, whereby the earnest money paid by the plaintiff pursuant to the 2 of 4

agreement to sell dated 20.08.2008 was ordered to be returned along with

interest.

Aggrieved against the said judgment and decree dated

04.11.2014, plaintiff preferred Civil Appeal bearing No.99T dated

20.12.2014, whereas defendant-Inderjeet Kaur filed Civil Appeal bearing

No.252 of 16.12.2014 and the same were decided by Addl. District Judge,

Patiala vide common judgment and decree dated 31.05.2018, whereby the

appeal preferred by the plaintiff was accepted and suit for specific

performance of agreement to sell dated 20.08.2008 was decreed in his

favour, whereas the other appeal filed by the defendant was dismissed.

Hence, these regular second appeals.

Today, learned counsel for the appellant (defendant) has stated

the suit property, which is subject matter of these appeals as well as other

litigations between them have been compromised. According to him the

claim of the respondent No.1 (plaintiff) is wholly adjusted and he has no

objection, if the impugned judgments and decrees in these regular second

appeal are set aside and the suit filed by the plaintiff is dismissed. No other

prayer is pressed.

Learned counsel for the respondent No.1 (plaintiff) does not

dispute the aforesaid fact and states that indeed, the matter has been

compromised between the parties and the claim of the respondent No.1

(plaintiff) is wholly adjusted. He states that in view of the settlement of the

parties, his suit be dismissed.

Considering the above, the regular second appeals are allowed

and the impugned judgments and decrees passed by the Courts below are set

aside and the suit filed by the plaintiff is dismissed. It is ordered that the

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rights of the parties in respect of the suit property shall be governed as per

the terms of the compromise (Annexure A-1).

The compromise shall form part of the decree.

                                                         (MANOJ BAJAJ)
03.08.2022                                                  JUDGE
Jasmine Kaur


               Whether speaking/reasoned               Yes No
               Whether reportable                      Yes No




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