Dilawar Singh vs Karnail Singh And Ors
2022 Latest Caselaw 7779 P&H

RSA-1866-2015 (O&M)                                             1

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           IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                         CM-4507-C-2022 in/and
                                         RSA-1866-2015 (O&M)
                                         Date of Decision:26.07.2022

Dilawar Singh                                                   .. Appellant
           Vs.
Karnail Singh and others                                      ..Respondents

CORAM: HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:     Mr. Rishab Garg, Advocate for
             Mr. Aayush Gupta, Advocate for applicant-appellant.

             Mr. Mandeep Singh, Advocate
             for respondent No.1.

             Mr. Rajinder Goyal, Advocate
             for respondent No.4.
                               ...
Manoj Bajaj, J. (Oral)

CM-4507-C-2022 and CM-4508-C-2022 Learned counsel for the applicant-appellant has filed these

applications to place on record the family settlement deed 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 family

settlement deed dated 04.07.2022 (Annexure A-1).

Notice of these applications.

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

behalf of respondent No.1, whereas Mr. Rajinder Goyal, Advocate also

accepts notice on behalf of respondent No.4 and do not oppose the prayer.

Applications are allowed and family settlement deed dated

04.07.2022 (Annexure A-1) is taken on record and further on the oral

request of the learned counsel for the parties, the date of hearing in the

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appeal is preponed and the same is taken up for hearing today.

RSA-1866-2015 (O&M)

Appellant (Defendant No.4) has preferred this regular second

appeal to challenge the judgment and decree dated 12.03.2015, passed by

the Addl. District Judge, Kaithal in Civil Appeal No.49/2015, whereby it

has reversed the judgment and decree dated 30.08.2010, passed by the Civil

Judge (Sr. Divn.), Guhla in Civil Suit No.320/2005, whereby the suit of the

plaintiff was dismissed.

Learned counsel for the parties have stated that the plaintiff-

respondent No.1, namely, Karnail Singh had challenged two consent

decrees dated 06.06.1972 and 26.07.1986 by way of Civil Suits bearing

No.1139/72 and 481/86, whereby the property owned by the father of the

parties was transferred in the name of Dilawar Singh by ignoring the interest

of plaintiff, who was minor at that stage. According to them, the other

brother, namely, Sukhdev Singh was adequately compensated by

transferring some other property in his name, therefore, Karnail Singh filed

a suit to claim right in the property transferred in favour of Dilawar Singh to

the extent of his half share. According to them, the suit filed by Karnail

Singh was dismissed through judgment and decree dated 30.08.2010, but in

the first appeal, the said judgment and decree was set aside and his suit was

decreed by holding that he is entitled to half share.

Today, learned counsel for the parties have stated that a family

settlement is arrived at on 04.07.2022 and the same is placed on record as

Annexure A-1. As per the present arrangement, both sides have already

exchanged the different lands in favour of each other and the claim of the

plaintiff is satisfied.

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Mr. Goyal, learned counsel appearing for respondent No.4-

Sukhdev Singh tenders his affidavit that third brother Sukhdev Singh has no

objection, if the impugned decree is modified in terms of the family

settlement.

Considering the above, the regular second appeal is accepted

and the impugned judgment and decree dated 12.03.2015 passed by the First

Appellate Court is set aside and it is ordered that the rights of the parties in

respect of the suit property shall be governed as per the terms of the family

settlement deed (Annexure A-1).

The family settlement deed shall form part of the decree.

                                                         (MANOJ BAJAJ)
26.07.2022                                                  JUDGE
Jasmine Kaur
               Whether speaking/reasoned         Yes    No
               Whether reportable                Yes    No




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