Ram Mehar And Others vs Rambir And Anr
2023 Latest Caselaw 5678 P&H

                                                         Neutral Citation No:=2023:PHHC:061132




                                                          2023:PHHC:061132
CM-7195-C-2019, CM 7196-C-2019,
CM-4191-C-2023, CM-4192-C-2023 in/and RSA-2622-2019                               1


103
        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH
                              -.-

                         CM-7195-C-2019, CM 7196-C-2019,
                            CM-4191-C-2023,
                         CM-4192-C-2023 in/and
                             RSA-2622-2019
                         Date of decision: 28.04.2023

Ram Mehar and others                                             ........Appellants
            Versus
Rambir and others                                               ........Respondents


Coram:      Hon'ble Mr. Justice Rajbir Sehrawat


Present :   Mr. Sanjeev Manrai, Senior Advocate with
            Mr. Malkiat Singh and Ms Neha, Advocates
            for the applicants/appellants

            Mr. Ankit Midha, Advocate
            for the caveators-respondents
                         -.-

Rajbir Sehrawat, J. (Oral)

CM-7195-C-2019

Prayer in this application filed under Rule 2 Chapter 1 Part C

Vol. V of the High Court Rules and Orders read with Order 22 Rule 4 read

with Section 151 of the Code of Civil Procedure is for impleading the

applicants as legal representatives of deceased Megh Raj.

For the reasons mentioned in the application, the same is

allowed and the persons whose names have been mentioned in para-3 of the

application are ordered to be impleaded as legal representatives of appellant

No. 4 - Megh Raj (since deceased), for the purpose of present lis, subject to

1 of 4

Neutral Citation No:=2023:PHHC:061132

2023:PHHC:061132 CM-7195-C-2019, CM 7196-C-2019, CM-4191-C-2023, CM-4192-C-2023 in/and RSA-2622-2019 2

all just exceptions.

Amended memo of parties, attached with the application, is

taken on record.

CM-7196-C-2019

Prayer in this application filed under Section 149 of the Code

of Civil Procedure is for seeking extension of time to pay the requisite

Court fee in the appeal.

Since the deficiency of the Court fee has already been made

good, no action is called for and the miscellaneous application is disposed

of as such.

CM-4191-C-2023

Allowed as prayed for.

CM-4192-C-2023

Prayer in this application is for preponing the date of hearing of

the main case to some early date.

Notice in the application.

Mr. Ankit Midha, Advocate accepts notice on behalf of the

non-applicant/respondents. Counsel for the non-applicant/respondent

submits that he has no objection, if the prayer made in the application is

allowed.

In view of the above, the application is allowed and date of

hearing of the main case is proponed from 17.07.2023 for today and the

same is taken for hearing today, itself.

Main case

Rambir and Vijay Pal Bhati, plaintiffs/respondents herein

2 of 4

Neutral Citation No:=2023:PHHC:061132

2023:PHHC:061132 CM-7195-C-2019, CM 7196-C-2019, CM-4191-C-2023, CM-4192-C-2023 in/and RSA-2622-2019 3

filed the civil suit for specific performance of agreement to sell dated

10.06.2006 with consequential relief of permanent injunction against the

defendants/appellants. The trial Court decreed the suit with costs and

simultaneously directed the defendants to execute and register the sale deed

with regard to the suit property. The defendants were also directed to hand

over the possession of the suit land to the plaintiff at the time of execution

and registration of the sale deed, vide judgment and decree dated

28.07.2014. Thereafter, the defendants/appellants approached the appellate

Court by filing appeal against the judgment and decree dated 28.07.2014

passed by the trial Court. The lower appellate Court dismissed the appeal

with costs and upheld the judgment and decree of the trial Court vide

judgment and decree dated 19.01.2019.

Having dissatisfied with the concurrent findings returned by

both the Courts below, the defendants/appellants have filed the present

regular second appeal.

At this stage, counsel for the appellants submits that the present

regular second appeal may be allowed in terms of the compromise; which

has been effected between the parties.

Counsel for the respondents has not disputed the genuineness

of the compromise dated 29.03.2023, attached with the application as

Annexure A-1 which is taken on record. Counsel for the respondents has

also submitted that he has no objection if the main appeal is allowed in

terms of the compromise.

In view of the above, the present regular second appeal is

allowed in terms of the compromise dated 29.03.2023 (Annexure A-1). The

3 of 4

Neutral Citation No:=2023:PHHC:061132

2023:PHHC:061132 CM-7195-C-2019, CM 7196-C-2019, CM-4191-C-2023, CM-4192-C-2023 in/and RSA-2622-2019 4

compromise at Annexure A-1 be made part of this order. The decree be

drawn accordingly.

All pending miscellaneous application, if any, are also disposed

of as such.

(Rajbir Sehrawat ) Judge 28.04.2023.

mohan bimbra
               Whether speaking/reasoned               Yes/No
               Whether reportable                      Yes/No

Neutral Citation No:=2023:PHHC:061132

4 of 4