Punjab-Haryana High Court
Niranjan Singh vs Sukhlal Singh And Anr on 5 August, 2022
145+291 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CM-5229-C-2022,
CM-7953-C-2018,
CM-12438-C-2015 in/and
RSA-5214-2015(O&M)
Date of Decision : 05.08.2022
Niranjan Singh ...Appellant
versus
Sukhlal Singh and another ....Respondents
Coram : Hon'ble Mr. Justice B.S. Walia
Present : Mr. Jasminder Singh Thind, Advocate for the appellant.
***
B.S. Walia, J. (Oral)
CM-5229-C-2022 in/and
RSA-5214-2015(O&M)
1. Application under Order 23 Rule 3 read with Section 151
CPC, has been moved for disposal of the regular second appeal, on the
basis of settlement/compromise, Annexure A/1 dated 26.07.2022.
2. Learned counsel for the applicant-appellant contends that suit
for possession was decreed with costs and the appellant/plaintiff was held
entitled to possession of 1/2 share of the suit property, as per detail given
in the decree sheet, consequently sale deeds dated 28.06.1991 and
01.01.1992, were set aside being in excess of the share of defendant
No.2/respondent No.3 and defendant No.2/respondent No.3 was held
owner only to the extent of 1/2 share of the suit property and further
defendant No.1/respondent No.1 was restrained from alienating/
transferring the suit property or its possession to anybody else on the basis
of said deeds.
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RSA-5214-2015(O&M) [2]
3. The judgment passed by the learned Civil Judge (Junior
Division), Amritsar, dated 16.09.2013, was reversed by the learned Addl.
District Judge, Amritsar, vide order dated 06.02.2015. Consequently, the
instant regular second appeal was filed by the appellant/plaintiff. During
the pendency of the appeal, an amicable settlement has been arrived at
between the parties, who are closely related to each other. As per
settlement/compromise Annexure A/1 dated 26.07.2022, the appellant has
become owner in possession of land comprised in khasra Nos.13/6, 15
(10-0), 14/10 (7-4), 14/2 (5-0), 14/9 (5-0), 14/5, 6, 7 (17-15), 14/11 (6-12),
situated in the area of village Makhanwindi, Tehsil and District Amritsar.
Likewise, respondent No.1 has become owner in possession of land
comprised in khasra No.14/21, 2(13-16), 14/23 (5-15), 14/18 (4-10),
14/19, 20 (16-0), 14/9 (3-0), 14/12 (8-0), 14/11 (1-0), situated in the area
of village Makhanwindi, Tehsil and District Amritsar.
4. It is further mentioned in the application that apart from the
aforementioned land, the parties also own some agriculture land but there
is no dispute qua the same and both the parties have undertaken to get
sanctioned mutation of the land in question in the respective names of the
parties on the basis of compromise or in the name of any other family
members, without any hindrance and that they would be bound by the
terms and conditions of the statement given to the revenue authorities etc.
5. Notice of the application.
6. Mr. Kanwar Abhay Singh, Advocate accepts notice on
behalf of the non-applicants/respondent and admits amicable settlement
of the dispute vide compromise Annexure A/1 dated 26.07.2022 and
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RSA-5214-2015(O&M) [3]
states that he has no objection if the appeal is disposed of and decrees of
the learned Courts below are modified accordingly.
7. In view of the position noted above, as well as statement of
learned counsel for the parties, the application is allowed.
Settlement/compromise Annexure A/1 dated 26.07.2022, is taken on
record. Parties shall remain bound by the terms and conditions contained
therein. Judgments and decrees passed by the learned Courts blow are
modified accordingly in terms of settlement/compromise Annexure A/1
dated 26.07.2022.
8. Appeal disposed of in the aforementioned terms.
(B.S. Walia)
Judge
05.08.2022
rajesh
Whether speaking/ reasoned : Yes/No
Whether reportable : Yes/No
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