Mohenderpal Kaur And Others vs Paramjit Singh And Others
2024 Latest Caselaw 9073 P&H

Punjab-Haryana High Court

Mohenderpal Kaur And Others vs Paramjit Singh And Others on 29 April, 2024

                                 Neutral Citation No:=2024:PHHC:058410



                                    Neutral Citation No. 2024:PHHC:058410

       IN THE HIGH COURT OF PUNJAB & HARYANA
                   AT CHANDIGARH
128
                                               RSA-1443-1992 (O&M)
                                           Date of decision: 29.04.2024

MOHENDERPAL KAUR AND OTHERS                                 .........Appellants

                               VERSUS

PARAMJIT SINGH AND OTHERS                                  ........Respondents

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
                          *****
Present:- Mr. M.L. Saggar, Senior Advocate with
          Ms. Armann Saggar, Advocate
          for the appellants.

            Mr. Satinder Khanna, Advocate
            for respondents No.1 to 3.
            (Through Video Confernencing).
                           *****

VINOD S. BHARDWAJ, J. (Oral)

CM-10641-C-2023

The instant application has been filed under Section 151 of

the Code of Civil Procedure, 1908 for pre-poning the date of hearing of

the main case.

Since the main case is listed for hearing today, the present

application has been rendered infructuous.

Disposed of as having become rendered infructuous.

RSA-1443-1992 (O&M)

The appellant-defendant is in an appeal against the

judgment passed by the Court of Sub Judge, First Class, Ludhiana in

Civil Suit No. 266 dated 04.09.82 and 121 dated 09.04.1984 decided

vide judgment and decree dated 14.11.1985 as well as the subsequent

dismissal of the appeal by the Additional District Judge, Ludhiana in

Civil Appeal No. 686/2/34/70/77/68 of 1986--87-90 vide judgment and

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Neutral Citation No:=2024:PHHC:058410

RSA-1443-1992 (O&M) -2-

decree dated 27.05.1991.

Learned counsel appearing on behalf of the appellants

contends that the parties have already entered into a settlement on

22.05.1993 (Annexure A-1). The aforesaid affidavit has been placed on

record by the appellant alongwith CM-10642-C-2023 under Order 23

Rules 3 of CPC to record the said compromise.

There is no representation on behalf of the respondents

No.1 to 3 and the counsel pleads that he has no instructions. He seeks

withdrawal of his power of attorney.

The compromise thus remains uncontroverted.

Learned Senior Counsel for the appellants further contends

that the appeal may be disposed of as not pressed in view of the

compromise effected between the parties at this stage which has already

been acted upon.

The present appeal is accordingly disposed of as not

pressed in view of the settlement amongst the parties as claimed by the

counsel for the appellant which has already been acted upon. Liberty is,

however, granted to the respondents to seek revival of the present

appeal in case the aforesaid statement with respect to the settlement

amongst the parties is found to be incorrect.

All the pending miscellaneous application(s), if any, are

also disposed of.

                                             (VINOD S. BHARDWAJ)
                                                    JUDGE
APRIL 29, 2024
Vishal sharma
                      Whether speaking/reasoned         :      Yes/No
                      Whether reportable                :      Yes/No


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