Punjab-Haryana High Court
Vikas Chawla And Anr vs Saroj Chawla And Others on 19 April, 2024
Author: Vikas Suri
Bench: Vikas Suri
Neutral Citation No:=2024:PHHC:052524
2024:PHHC:052524
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
112+292
RSA-1501-2023 (O&M)
Date of Decision: 19.04.2024
Vikas Chawla and another
...Appellants
Versus
Saroj Chawla and others
...Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS SURI
Present:- Mr. Rampal Kohli, Advocate, for the appellants.
Mr. Deepak Kakkar, Advocate with
Mr. Deepesh Kakkar, Advocate, for respondent No.1.
*****
VIKAS SURI, J. (ORAL)
1. This Regular Second Appeal has been filed by the appellant-
defendants against the judgment and decree dated 16.10.2018 passed by the
Civil Judge (Junior Division), Chandigarh, whereby the suit instituted by
respondent No.1 for declaration to the effect that she is owner to the extent
of 1/4th share in House No.1303, Sector 34, Chandigarh, on the basis of
registered Will dated 12.02.1999, and for joint possession and partition by
way of metes and bounds by way of separate possession of 1/4th share in the
suit property, and for rendition of accounts and for mesne profit, and for
permanent injunction, had been partly decreed, as well as against the
judgment and decree dated 17.11.2022 passed by the learned Additional
District Judge, whereby the appeal preferred by the appellants was
dismissed.
2. Vide the judgment and decree dated 16.10.2018, the trial Court
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held the plaintiff and defendant Nos.1 to 3 to be co-owners of the suit
property i.e. House No.1303, Sector 34, Chandigarh. During the
pendency of the trial, defendant No.1, namely Veena Chawla wife of
Sushil Kumar Chawla died and defendant Nos.2 and 3, who are
appellants in this Regular Second Appeal, were impleaded as her legal
representatives. During the pendency of the present appeal, the
contesting parties have arrived at an understanding, which is reduced
into writing dated 19.02.2024 and accordingly, an application under
Order 23 Rule 3 read with Section 151 CPC was moved seeking
disposal of the present Regular Second Appeal in terms of the aforesaid
compromise. On the joint prayer of learned counsel for the parties,
vide order dated 12.03.2024 the matter was referred to the Mediation
and Conciliation Centre of this Court. As per the report received from
the Mediation and Conciliation Centre, the matter has been amicably
settled and the settlement/agreement in that regard has been recorded
on 20.03.2024. A perusal of the said settlement/ agreement shows that
the terms and conditions have been mentioned in para 12 thereof,
which read as thus:-
"12. The parties hereto confirm and declare that
they have voluntarily and of their own free will arrived
at this Settlement/Agreement in the presence of the
Mediator on the following terms and conditions:-
1. That the First Party admits the genuineness of the
WILL executed by their paternal grandmother
Smt. Raj Karni, in favour of their uncle Sh. Saroj
Chawla. They also admit that the finding given
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by the Courts below vide Judgement and decree
dated 16.10.2018 and 17.11.2022 respectively
with regard to the execution and genuineness of
the WILL as correct.
2. That now both the parties have entered into a
compromise and the second party has agreed to
transfer his 1/4th share in the suit property in the
name of the first party to maintain peace and
harmony among the family members. The second
party has also agreed that he does not have any
objection if the first party is declared as the
owner in possession of the 100% share of the
said property. The second party does not have
any objection if the judgment and decree dated
16.10.2018 and 17.11.2022 be modified in this
Regular Second Appeal to the extent of declaring
1st party as owner in possession of 1/4th share of
the property, which came in the name of second
party by way of judgment and decree dated
16.10.2018 and 17.11.2022, keeping the findings
qua the Will dated 12.2.1999 intact.
3. That it is agreed between the Parties that the First
Party shall pay an amount of Rs. 80,00,000/- (Rs.
Eighty Lakh Only) by way of Demand Draft/
Banker's Cheque/ Pay Order to the Second Party
in lieu of transfer of his 1/4th share in the property
in dispute, in the following manner:-
a. First and Second Installments of Rs.
30,00,000/- (Rs. Thirty Lakh only) each
(Total Rs.60,00,000/-) by way of Demand
Draft No. 023496 dated 15/02/2024 (in
the name of second party) and Demand
Draft No. 023495 dated 15/02/2024 (in
the name of Ms. Poonam S Kumar,
daughter and only legal heir of the second
party) both issued by HDFC Bank,
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Jalandhar have already been paid by the
first party to the second party.
b. Third Installment of remaining amount of
Rs.20,00,000/- (Rs. Twenty Lakh only) by
way of Demand Draft shall be paid by the
First Party to the Second Party, at the time
of passing of decree by this Hon'ble High
Court.
4. That it is agreed between the Parties that all the
expenditures for filing of application in the
Hon'ble High Court and for transfer of the share
before the Estate Office, Chandigarh/ Sale Deed
shall be borne by the First Party and the Second
Party is bound to give statement, affirm
affidavits, and sign applications for the said
purpose before the authorities concerned or the
Hon'ble High Court.
5. That it is agreed between the Parties that both the
Parties shall make necessary statements before
the Hon'ble High Court or any other Court to
confirm the instant Settlement/Mediation
Settlement and for making the compromise the
part of decree in the above said Regular Second
Appeal bearing RSA No.1501of 2023.
6. That it is agreed between the Parties that the
Second Party after transfer of title and clearance
of balance payment shall withdraw the already
filed application for Execution of the Decree
dated 17.11.2022 passed by the then Addl. Distt.
Judge, Chandigarh and shall not file any case or
appeal in respect to the above said property or
shall not prefer any fresh application for
execution of the said decree. Further, Ms.
Poonam S. Kumar, the only daughter of the
Second Party shall confirm the execution of the
agreement, if need be arise, in any court or any
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office for the purpose of transfer of title.
7. That it is agreed between the parties that the
second party including his family members and
their Successors/Legal Heirs/ Legal
Representatives/ Agents/ Servants/ Attorneys/
Authorized Representatives etc. shall be bound
by this settlement/agreement and shall not claim
any right over the property in dispute, by filing
any suit or application or otherwise, whatsoever.
8. That after the signing of this
settlement/agreement, in the event of any
mishappening to any of the parties to this
agreement, their legal heirs shall be bound by the
terms of this agreement and will have full right to
receive any benefit in terms of money or
otherwise from the other party as agreed.
9. That it is further agreed between the Parties that
the Parties and/or their family members and their
Successors/Legal Heirs/Legal Representatives/
Agents/Servants/Attorneys/Authorized
Representatives shall not initiate/institute any
case of any nature whatsoever in future against
each other in respect of any claim with regard to
the above said property after completion of the
terms of instant deed.
10. That both the Parties have entered into this
Memorandum of Understanding Cum
Compromise Deed i.e. the Deed with a healthy
deposing mind and out of their own free will and
without any threat.
11. That the Instant Deed shall be binding on both
the Parties&/or their family members and their
Successors/Legal Heirs/ Legal Representatives/
Agents/Servants/Attorneys/Authorized
Representatives.
That it is agreed between the Parties that the Parties
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&/or their family members and their Successors/Legal
Heirs/Legal Representatives/Agents/Servants/
Attorneys/Authorized Representatives etc. shall be
bound to honor the terms of the instant
settlement/agreement and in the event if any of the
Parties backing out of the terms of the instant
settlement/agreement or not come forward to fulfill any
of the obligation under the instant settlement/agreement
shall be liable to pay Rs.2,00,00,000/- (Two Crores
Only) as damages to the other party."
3. Learned counsel for the parties submit that the dispute
having been resolved/settled in the mediation proceedings, the present
appeal be disposed of in terms thereof.
4. Heard learned counsel for the parties and with their able
assistance have perused the record.
5. In the present case, it is not disputed that the contesting
parties are closely related. Respondent No.1-plaintiff had claimed 1/4th
share in the suit property on the basis of registered Will dated
12.02.1999, which has now been accepted by the respondent-
defendants. In fact, subsequent material developments have taken
place after passing of the judgment and decree dated 17.11.2022 by the
lower Appellate Court, which have been noticed and mutually settled,
as recorded in the settlement/agreement dated 20.03.2024. It has also
been recorded that the contesting parties have voluntarily and of their
own free will arrived at the aforesaid settlement/agreement. There is no
doubt that a mutually acceptable solution would promote peace and
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harmony in the society.
6. In view of the aforesaid, the present appeal is disposed of
in terms of the settlement/agreement dated 20.03.2024 arrived at
between the parties in the Mediation and Conciliation Centre of this
Court. The said settlement/agreement dated 20.03.2024 shall form a
part of decree and the concerned parties will remain bound by the
same.
7. Pending applications, if any, also stand disposed of.
( VIKAS SURI )
April 19, 2024 JUDGE
harish
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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