Citation : 2023 Latest Caselaw 12551 P&H
Judgement Date : 9 August, 2023
RSA-6207-2018 (O&M) WITH CR-1330-2021 1 2023:PHHC:102931 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 110 RSA-6207-2018 (O&M) Decided on : 09.08.2023 BALWINDER SINGH ... Appellant Versus BAJ SINGH TH HIS LRS AND ANOTHER ... Respondents CR-1330-2021 Decided on : 09.08.2023 BALWINDER SINGH ... Petitioner Versus BAJ SINGH TH HIS LRS AND ANOTHER ... Respondents CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Akhilesh Vyas, Advocate for the appellant(s) (in RSA-6207-2018). Ms. Aeshna Jain, Advocate for the petitioner(s) (in CR-1330-2021). Mr. Imran, Advocate for Mr. Mansur Ali, Advocate for the respondent No.1. 36 2 2 34 SANJAY VASHISTH, J. (Oral)
RSA-6207-2018 (O&M)
Counsel appearing on behalf of the appellant and the respondents are ad idem to the fact that during the pendency of the present Regular Second Appeal i.e. RSA-6207-2018, dispute between the parties, which resulted into filing of the appeal before this Court, has been settled, amicably.
BES ee iamen
Punjab & Haryana Hi Chandigarh
RSA-6207-2018 (O&M) WITH CR-1330-2021 2 2023:PHHC:102931
It is informed by the counsel from both the sides that a sale deed has been executed by the appellant (judgment debtor) in favour of the respondents (decree holder) of the disputed property and possession has also been handed over to the decree holder.
Copy of the order dated 31.01.2023 passed by the Executing Court, has been produced by the counsel for the respondents in the Court today and the same is taken on record.
Registry is directed to tag the same at the appropriate place on
the file.
Said order says as under:-
"Today, learned counsel for the DH has suffered a separate statement to the effect that JD has already executed the sale deed in favor of the DHs and DHs have already got the possession of the suit property, so, the present execution application may be disposed off, being fully satisfied.
The said statement is also endorsed by DH Harjit Singh by affixation of his signatures thereupon.
Photocopy of the sale deed is also placed on record.
In view of the statement of the learned counsel for the DH, endorsed by DH Harjit Singh, present execution application stands disposed off, being fully satisfied.
File be consigned to the Record Room pronto."
In the aforementioned circumstances, counsel for the appellant submits that he has got the required instructions from the appellant to make the statement before this Court for withdrawal of the present appeal.
Thus, counsel for the appellant seeks withdrawal of the present
LAVISHA 2023.08.10 10:04 appeal.
I attest to the accuracy and
authenticity of this order/judgment
Punjab & Haryana High Court,
Chandigarh
RSA-6207-2018 (O&M) WITH CR-1330-2021 3 2023:PHHC:102931
In view of the statement made by the counsel for the appellant,
present appeal is disposed of having been withdrawn.
CR-1330-2021
Counsel submits that in view of the compromise between the parties, execution has already been disposed of, having the decree being satisfied. Therefore, the present revision petition is rendered infructuous.
In view of the facts and circumstances stated and referred
hereinabove, present petition is disposed of having been rendered
infructuous.
(SANJAY VASHISTH) JUDGE August 09, 2023 Lavisha
Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No
LAVISHA
2023.08.10 10:04
I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh
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