Swarn Kaur & Others vs Satnam Kaur & Another
2022 Latest Caselaw 14907 P&H

CM-8583-C-2022 in/and                                             1
RSA-2977-2018 (O&M)

111
           IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                         CM-8583-C-2022 in/and
                                         RSA-2977-2018 (O&M)
                                         Date of Decision: 22.11.2022

Swarn Kaur and others
                                                      .. Applicant/appellants
             Vs.

Satnam Kaur and another
                                                                ..Respondents

CORAM: HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:     Mr. P.S Sullar, Advocate for applicant-appellants.

             None for the respondents.
                               ...
Manoj Bajaj, J. (Oral)

CM-8583-C-2022

The appellants/defendants No.1 to 4 have filed this application

under Section 151 CPC for withdrawal of the main appeal, who are mother

and real sisters of plaintiff/respondent No.1, as the parties have resolved the

dispute by way of a family settlement.

Learned counsel states that the appellants have agreed to the

claim of the plaintiff and have conceded to her 1/5 th share in the suit

property, therefore, he has instructions to withdraw this appeal. He prays

for preponement of hearing in the main case.

Though the advance copy of the application stands supplied to

the opposite counsel, but none has appeared on behalf of contesting

respondent no.1 (plaintiff). Since the withdrawal of the appeal would not

cause any prejudice to the opposite parties, therefore, their presence is not

necessary.

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RSA-2977-2018 (O&M)

Application is allowed, the date of hearing in the appeal is

preponed to today.

RSA-2977-2018 (O&M)

Appellants (defendants No.1 to 4) have preferred this regular

second appeal to challenge the judgment and decree dated 08.11.2017

passed in CA-397 of 2016 by the Addl. District Judge, Chandigarh, whereby

judgment and decree dated 01.08.2016 passed in CS-5663/2013 by Civil

Judge (Jr. Dinv.), Chandigarh, dismissing the suit of plaintiff (respondent

No.1) for declaration and permanent injunction, was reversed and suit filed

by the plaintiff was decreed.

The plaintiff/respondent No.1 filed a suit for declaration to the

effect that she being a Class-I legal heir of late Surjit Singh along with

defendants No.1 to 4 is having 1/5th share in H. No.1662/1, Sector 40-B,

Chandigarh and further sought permanent injunction restraining defendant

No.5 from transferring the ownership of house in question in the name of

any person. The suit was dismissed by Civil Judge (Jr. Divn.), Chandigarh

vide judgment and decree dated 01.08.2016. Thereafter, plaintiff filed an

appeal before the ld. Addl. District Judge, Chandigarh and the appellate

Court decreed the suit of the plaintiff to the effect that she being legal heir

of late Surjit Singh along with defendant Nos.1 to 4 is entitled to inherit

1/5th share in the suit property.

Aggrieved against the judgment and decree dated 08.11.2017

passed by the appellate Court, the appellants/defendants have filed this

regular second appeal.

Learned counsel for the appellants/defendants states that

during the pendency of the appeal, the dispute between the parties, who are 2 of 3

RSA-2977-2018 (O&M)

widow and daughters of late Surjit Singh has been settled and the appellants

have now conceded to the claim of respondent No.1 being daughter of late

Surjit Singh, who is also entitled to 1/5th share in the said house. He prays

for withdrawal of this regular second appeal.

Dismissed as withdrawn.

                                                         (MANOJ BAJAJ)
22.11.2022                                                  JUDGE
Jasmine Kaur




               Whether speaking/reasoned               Yes No
               Whether reportable                      Yes No




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