Ravdeep Singh vs Jagsir Singh And Ors
2023 Latest Caselaw 5423 P&H

                                                   Neutral Citation No:=2023:PHHC:060125




                                                            2023:PHHC:060123

[230]       IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

                                 RSA-2845-2015(O&M)
                                 Date of Decision :26.04.2023

Ravdeep Singh                                               ...Appellant

            versus


Jasgir Singh and others                                     ....Respondents

Coram :     Hon'ble Mr. Justice B.S. Walia

Present :   Mr. S.S. Rangi, Advocate for the appellant.

             Mr. TarunveerVashist, Advocate with
             Mr. BrijeshwarVashist, Advocate
             for the respondents.

             ***

B.S. Walia, J. (Oral)

[1] Challenge in the regular second appeal is to the judgment and

decree dated 20.02.2015 passed by the learned Addl. District Judge,

Patiala, modifying the judgment and decree dated 31.05.2014 passed by

the learned Addl. Civil Judge (Senior Division), Patiala, in Civil Suit

No.319-T dated 16.07.2004 in case titled as 'Ravdeep SinghversusBhan

Kaur (since deceased) through her LRs and others'.

[2] At the outset, learned counsel for the parties state that

pursuant to the reference of the matter to the Mediation and Conciliation

Centre attached to the Hon'ble Punjab and Haryana High Court, parties

have entered into a compromise/settlement dated 18.04.2023 and that the

parties agree to adhere to the terms and conditions contained therein.

Photocopy of the same is taken on record.

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[3] Learned counsel for the appellant states that in view of the

settlement/agreement dated 18.04.2023, as well as statement of learned

counsel for the respondents, the appellant is not interested in pursuing the

instant appeal and may be permitted to withdraw the same.

[4] At this stage, learned counsel for the appellant states that in

view of the amicable settlement of the dispute, the Court fee paid by the

appellant be ordered to be refunded in view of the decision of Hon'ble

the Supreme Court in 'High Court of Judicature of Madras Rep. by its

Registrar GeneralversusM.C. Subramaniam and others, Law Finder Doc

Id # 1809831. Relevant extract of the same is reproduced as under:-

"21. Thus, in our view, the High Court was correct in

holding that Section 89 of the CPC and Section 69A of the

1955 Act be interpreted liberally. In view of this broad

purposive construction, we affirm the High Court's

conclusion, and hold that Section 89 of CPC shall cover, and

the benefit of Section 69A of the 1955 Act shall also extend

to, all methods of out of court dispute settlement between

parties that the Court subsequently finds to have been legally

arrived at. This would, thus, cover the present controversy,

wherein a private settlement was arrived at, and a memo to

withdraw the appeal was filed before the High Court. In such

a case as well, the appellant, i.e., Respondent No. 1 herein

would be entitled to refund of court fee."

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[5] In view of the position noted above, as well as statement of

learned counsel for the parties, settlement/agreement dated 18.04.2023 is

made part of this order, parties shall adhere to the terms and conditions of

the settlement/agreement dated 18.04.2023 and appeal is permitted to be

withdrawn. Court fee paid by the appellant is ordered to be refunded.

(B.S. Walia) Judge 26.04.2023 'Rajneesh' Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No

Neutral Citation No:=2023:PHHC:060125

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