Ho Ram And Anr vs Jai Singh Joon And Anr
2023 Latest Caselaw 4098 P&H

                                                            Neutral Citation No:=2023:PHHC:051459




                                                                   2023:PHHC:051459

RSA-1719-2008 (O&M)                                                              -1-



111           IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                                     CM-3556-C-2023,
                                                     CM-3558-C-2023,
                                                     CM-3561-C-2023 IN/AND
                                                     RSA-1719-2008 (O&M)
                                                     Date of Decision: 13.04.2023

Ho Ram and another                                                ...... Appellants

                                  Versus

Jai Singh Joon and another                                       ......... Respondents

CORAM: HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

Present :     Mr. Aashish Chopra, Senior Advocate, with
              Ms. Mehar Nagpal, Advocate,
              for the applicants/appellants.

              Respondents proceeded ex parte
              (vide order dated 28.08.2008)

                                             *****
RAJBIR SEHRAWAT, J. (ORAL)

CM-3556-C-2023 AND CM-3561-C-2023

These are the applications filed under Section 151 CPC for

fixing an actual date of hearing in the main case and for disposing of the

main appeal on the basis of settlement/compromise arrived at between the

parties to the lis.

For the reasons mentioned in the applications, the same are

allowed as prayed for. Accordingly, the main appeal is taken on board for

hearing today itself for final disposal.

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CM-3558-C-2023

This is an application for bringing on record the legal

representatives of deceased appellant No.2 (Jai Singh).

For the reasons mentioned in the application, the same is

allowed for the limited purpose of conduct of proceedings of this appeal

only. The persons, as mentioned in para No.2 of the application, are allowed

to be brought on record as legal representatives of the deceased appellant

No.2, subject to all just exceptions.

Amended memo of parties attached with the application is

ordered to be taken on record.

RSA-1719-2008 (O&M)

The present regular second appeal has been preferred by the

appellants/plaintiffs against the judgment and decree dated 07.11.2005

passed by the Additional Civil Judge (Senior Division), Gurgaon, whereby

the suit for possession by pre-emption filed by the appellants/plaintiffs has

been dismissed, as well as, the judgment and decree dated 17.04.2008

passed by the Additional District Judge, Gurgaon, whereby the appeal filed

by the appellants/plaintiffs was also dismissed.

Learned Senior counsel for the appellants submits that the

matter has since been settled/compromised between the parties and he prays

for withdrawal of the main appeal.

In view of the above, the main appeal is dismissed as

withdrawn, as prayed for.

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All pending miscellaneous applications, if any, are also

disposed of as such.

(RAJBIR SEHRAWAT) JUDGE 13.04.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No

Neutral Citation No:=2023:PHHC:051459

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