Gurcharan Singh vs Avtar Singh
2023 Latest Caselaw 13894 P&H

                                                            Neutral Citation No:=2023:PHHC:110409




                                                                 2023:PHHC:110409
RSA-2093-2012(O&M)                                                --1--

     102+226 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                              CHANDIGARH

                                               RSA-2093-2012 (O&M)
                                               Decided on:-23.08.2023

Gurcharan Singh                                                   ....Appellant

                               vs.


Avtar Singh                                                       ....Respondent.

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:      Mr. K.S. Rathor, Advocate for
              Mr. J.S. Toor, Advocate
              for the appellant.

              Mr. Mandeep Kumar Dhot, Advocate,
              for the respondent.

              *****

HARKESH MANUJA J. (Oral)

1. By way of present appeal, challenge has been laid to the

judgments and decrees dated 28.08.2010 and 10.02.2012, passed by the

Courts below, whereby, the suit for specific performance and permanent

injunction, filed at the instance of respondent-plaintiff, was decreed.

2. During the pendency of present appeal, a settlement has been

arrived at between the parties, which has been reduced into writing vide

settlement/compromise deed dated 07.09.2022, duly signed by both the

parties and the witnesses, which has been placed on record as Annexure A-1

along with application bearing CM-9245-C-2023.

3. As per the settlement, appellant-defendant has paid a sum of

Rs.2.5 lacs as full and final settlement towards the agreement to sell dated

02.05.2005.

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Neutral Citation No:=2023:PHHC:110409

2023:PHHC:110409 RSA-2093-2012(O&M) --2--

4. Having received the aforesaid amount, respondent-plaintiff has

agreed not to seek enforcement of decree dated 28.08.2010 on the basis of

aforesaid agreement to sell dated 02.05.2005.

5. Considering the aforesaid facts, the present appeal is disposed

of in terms of the compromise/settlement dated 07.09.2022 (Annexure A-1),

which shall also form part of the decree.

6. Pending application(s), if any, stand(s), disposed of.

23.08.2023                                                (HARKESH MANUJA)
sonika                                                          JUDGE
          Whether speaking/reasoned:            Yes/No
          Whether reportable:                   Yes/ No

Neutral Citation No:=2023:PHHC:110409

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