Punjab-Haryana High Court
(O&M) Goda Ram And Others vs Ashok Kumar And Others on 10 August, 2023
Neutral Citation No. : 2023:PHHC:103631
RSA-112-2012 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
101
RSA-112-2012 (O&M)
Decided on : 10.08.2023
Goda Ram and others
. . . Appellant(s)
Versus
Ashok Kumar and others
. . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. J.P. Sharma, Advocate
for the appellant(s).
Mr. Anoop Kumar Yadav, Advocate
for the respondent(s).
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SANJAY VASHISTH, J. (Oral)
CM-6219-C-2022
i. Written statement/reply has been filed by respondent No.1 to 10
to the application, moved by the appellants for allowing the appeal (RSA-
112-2012) by setting aside the impugned judgment and decree dated
25.10.2011 and for restoring the judgment and decree dated 12.03.2008, in
view of the terms of compromise dated 10.08.2022 (Annexure A-4).
ii. Admitted written statement/reply dated 31.07.2023 is taken on
record.
Accordingly, application disposed of.
RSA-112-2012 (O&M)
1. On joint request of learned counsel for the parties, main appeal,
which is on the regular board of this Court at serial No.1015, is taken up for
its hearing and disposal today itself.
2. Present Regular Second Appeal (RSA) has been filed by the
JAWALA RAM plaintiffs (appellants herein), for seeking setting aside of impugned
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integrity of this document
Neutral Citation No. : 2023:PHHC:103631
RSA-112-2012 (O&M) -2-
judgment & decree dated 25.10.2011, passed by learned First Appellate
Court, whereby, the judgment & decree dated 12.03.2008, passed by learned
Trial Court, decreeing the suit of the plaintiffs (appellants), has been
reversed by the learned First Appellate Court.
3. Plaintiffs (appellants) filed a suit seeking a decree for
declaration to the effect that the order dated 16.11.1992, passed in execution,
titled as, "Ramesh Saran vs. Jai Dayal", by Assistant Collector, Ist Grade,
Narnaul, and order passed by the Commissioner, Gurgaon in revision
petition, titled as, "Ram Saran vs. Jai Dayal Etc.", dated 26.05.1995, and
also order dated 01.10.1997, passed by the Financial Commissioner,
Haryana, Chandigarh, in revision, titled as, "Jai Dayal through LRs vs. Ram
Saran etc." are without jurisdiction, therefore, null and void, and not binding
on the rights of the plaintiffs. Besides this, a consequential relief for
restraining the defendants from ejecting the plaintiffs from the suit land was
also prayed for.
4. Upon notice, defendants (respondents herein) filed written
statement rebutting the claim of the plaintiffs.
After completion of the pleadings, framing of issues and leading
of evidences by the respective parties, learned Trial Court decreed the suit
vide judgment & decree dated 12.03.2008, by setting aside the orders dated
16.11.1992, 26.05.1995 and 01.10.1997, respectively, and further passed a
decree of permanent injunction in favour of the plaintiffs, to the effect that
defendant No.1 is restrained from ejecting the plaintiffs from the suit land.
5. Aggrieved against the judgment & decree passed by learned
Trial Court, defendants preferred an appeal before the learned First
Appellate Court. After re-appreciation of the evidence, learned First
JAWALA RAM Appellate Court, reversed the judgment and decree passed by the learned
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RSA-112-2012 (O&M) -3-
Trial Court.
6. Challenging the said judgment & decree dated 25.10.2011,
passed by learned First Appellate Court, the appellants are in appeal before
this Court.
7. Appeal was admitted vide order dated 22.02.2012, and
operation of the impugned judgment and decree passed by the lower
Appellate Court was also stayed.
8. During the pendency of the appeal, appellant No.1 and
respondent No.8, expired, and their legal representatives were brought on
record. CM-6219-C-2022, has been filed by the appellants for disposal of
the appeal in terms of the compromise dated 10.08.2022 (A-4), arrived at
between the respective parties. Said compromise has also been placed on
record as Annexure A-4.
By way of CM-6219-C-2022, applicant-appellants have prayed
for allowing the appeal in terms of the aforesaid compromise.
9. Mr. J.P. Sharma, learned counsel for the appellants made his
submissions with regard to the disposal of the appeal in terms of
compromise dated 10.08.2022 (A-4), arrived at between the parties.
Along with other parties, legal representatives of appellant No.1
& respondent No.8, who have already been brought on record, in the present
proceedings, have no objection, if the impugned judgment & decree dated
25.10.2011, passed by the learned First Appellate Court, is set-aside, and the
claim of the plaintiffs/appellants, as prayed in the suit is allowed, by
affirming the judgment & decree dated 12.03.2008, passed by the learned
Trial Court.
10. Learned counsel appearing for the respondents, on instructions
JAWALA RAM from respondents/defendants/legal representatives stated at the bar that he
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integrity of this document
Neutral Citation No. : 2023:PHHC:103631
RSA-112-2012 (O&M) -4-
has also no objection in allowing the prayer made in the application for
allowing the present appeal by setting aside the judgment & decree dated
25.10.2011, passed by the learned First Appellate Court, and to uphold the
judgment & decree dated 12.03.2008, passed by the learned Trial court.
11. I have heard learned counsel for the parties, and gone through
the record available before me.
12. Parties to the lis are unison for grant of relief as prayed for in
CM-6219-C-2022, as already noticed hereabove, and made their specific
statement to that effect today in the Court.
13. In view of the prayer made in CM-6219-C-2022, to which no
objection has been raised by learned counsel for the respondents and keeping
in view the stand taken by respective parties and specific statements made
on their behalf by their respective counsel, the main appeal i.e. RSA-112-
2012 is allowed. The judgment & decree dated 25.10.2011, passed by the
learned First Appellate Court, is hereby set-aside, and the judgment &
decree dated 12.03.2008, passed by the learned Trial Court is affirmed.
Decree sheet be drawn accordingly.
A copy of this judgment & decree, be sent to the learned First
Appellate Court as well as learned Trial Court for information.
Lower Court Records be also returned forthwith.
Civil miscellaneous application(s), if any, also stands disposed
of.
(SANJAY VASHISTH)
JUDGE
August 10, 2023
J.Ram
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
JAWALA RAM
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integrity of this document
