Lal Singh vs Harinder Pal Singh And Ors
2023 Latest Caselaw 16847 P&H

                                                          Neutral Citation No:=2023:PHHC:127038




                                                                  2023:PHHC:127038
RSA No.494 of 2023 (O&M)                1

              IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                            CHANDIGARH

(128)
                                                     RSA No.494 of 2023 (O&M)
                                                     Date of Decision:29.09.2023.

Lal Singh
                                                                           .....Appellant

                                 Versus


Harinderpal Singh and others
                                                                       ..... Respondents
CORAM:        HON'BLE MR. JUSTICE VIKRAM AGGARWAL
Present:      Mr. Hitesh Verma, Advocate
              for the appellant.

              Mr. Dinesh Maurya, Advocate for
              Mr. Sonia G. Singh, Advocate
              for the respondents.

                *****
VIKRAM AGGARWAL, J. (ORAL)

1. This is defendant's second appeal against the concurrent findings

recorded by the Courts below. The suit filed by respondent No.1-plaintiff for specific

performance of the agreement to sell dated 24.08.2008 was decreed by the Court of

the Additional Civil Judge (Senior Division), Barnala, vide judgment and decree

dated 06.09.2018. The appeal filed against the said judgment and decree was also

dismissed by the Court of the District Judge, Barnala, vide judgment and decree dated

15.02.2022.

2. During the pendency of the present appeal, it was stated by learned

counsel representing the parties that the matter had been amicably settled. Under the

circumstances, a report was sought from the Mediation and Conciliation Centre,

Barnala, where the parties were dircted to appear.

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3. The report has been received, as per which a settlement has been arrived

at between the parties. The settlement agreement has also been annexed with the

report. The settlement agreement states as under:-

"1. It has amicably settled between the parties that both parties agreed to resolve their dispute by way of compromise and party no.1 Lal Singh is admitted that judgment and decree under appeal and has no grudge with party no.2 Harinder Pal Singh, who is power of attorney holder of other respondents in the present appeal. (Copy of power of attorney is attached).

2. It has been amicably settled that the party no.1 Lal Singh will withdraw the present appeal after admitting the judgment and decree under appeal and party no.1 Lal Singh will move an application before the Hon'ble Mr. Justice Vikram Aggarwal, Judge, Punjab and Haryana High Court, Chandigarh with this request that the Court fees which has been affixed at the time of filing the present appeal may be refunded to the appellant/party no.1 Lal Singh and party no.2 Harinder Pal Singh will not raise any objection if the Hon'ble Court accepted the application of party no.1 Lal Singh.

3. Both the parties will bound by the terms and conditions of this settlement agreement, in future."

4. In view of the fact that the matter has been settled, learned counsel for

the appellant submits that he may be permitted to withdraw the present appeal and

that the Court fee be refunded to the parties as per rules.

5. Since a settlement has been arrived at, parties to the lis shall remain

bound by the same. Both parties shall adhere to the settlement arrived at before the

Mediation and Conciliation Centre, Barnala and shall abide by the terms and

conditions laid down in the settlement agreement. The appeal is dismissed as having

been withdrawn. In so far as the Court fee affixed with the present appeal is

concerned, a direction is issued to the District Collector, Chandigarh to refund the

same to the appellant as per rules within a period of two months from the date of

moving of an application in this regard by the appellant along with a certified copy of

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the order passed by this Court. In so far as the Court fee affixed in the suit as also in

the first appeal is concerned, necessary directions be issued to the Courts concerned

by the Registry of this Court to refund the Court fee paid by the parties on filing of

the suit and filing of the appeal in accordance with law and to take necessary steps in

this regard upon an application being moved by the parties concerned.

                                                        (VIKRAM AGGARWAL)
              th
September 29 , 2023                                           JUDGE
Rekha


                    Whether speaking/reasoned :        Yes/No.
                    Whether reportable        :       Yes/No.




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