Ajay Jain vs Anita Rani And Another
2024 Latest Caselaw 10855 P&H

Punjab-Haryana High Court

Ajay Jain vs Anita Rani And Another on 4 July, 2024

            109
                       IN THE HIGH COURT OF PUNJAB AND HARYANA
                                     AT CHANDIGARH
                                         HANDIGARH
                                                                  RSA-1029-2020 (O&M)
                                                         Date of Decision: July 04, 2024

            AJAY JAIN                                                     ........Appellant
                                 Versus
            ANITA RANI AND ANOTHER                                     ........Respondents

                                                                   RSA-448-2020 (O&M)
            AJAY JAIN                                                  ........Appellant
                                 Versus
            ANITA RANI AND ANOTHER
                           AN                                          ........Respondents

            CORAM:             HON'BLE MR. JUSTICE HARKESH MANUJA

            Present:None for the appellant.
                    Mr. Bhupinder Gupta, Advocate for
                    the respondents-defendants.
                        respondents
                                          ****
            HARKESH MANUJA,
                    MANUJA J. (ORAL)

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

two separate judgments and decrees dated 29.10.2019 passed by the

First Appellate Court, Court whereby, two separate suits filed at the instance

of appellant-plaintiff plaintiff seeking recovery of damages/license fee besides

seeking mandatory injunction against against respondents-defendants for

handing over the vacant possession of the property in question resulted

into dismissal.

2. A perusal of the order sheet shows that for the past almost

three hearings, hearings, learned counsel for the parties have be been n seeking time

to place on record the settlement arrived at between the parties,

however, the same has not been complied with.

3. Today, no one has chosen to appear on behalf of the

appellant, however, learned counsel appearing on behalf of

respondents-defendants defendants has produced roduced a photocopy of settlement deed

RSA-448-2020 (O&M) and RSA-1029-2020 (O&M) -2-

dated 01.11.2023, signed by both the parties and submits that in

pursuance thereof a registered sale deed dated 01.11.2023 bearing

Vasika No.2023-24/186/1/9514 has been executed by the appellant in

favour of respondent No.1 as regards the property in question and the

possession thereof, has been retained by her. It may be noticed here

that respondent No.2-defendant No.2 choose not to appear even before

the Courts below and thus, was proceeded against ex parte.

4. It appears that in terms of aforementioned compromise and

the subsequent development regarding execution of sale deed dated

01.10.2023, the appellant has lost interest in the present appeal, as

such, the same is dismissed for want of prosecution, however, the

appellant shall be at liberty to seek its revival in case any cause

survives in his favour.

5. Pending application(s), if any, shall also stand disposed of.

6. A photocopy of this order be placed on connected case file.

            04.07.2024                                        (HARKESH MANUJA)
            Tejwinder                                              JUDGE
                                    Whether speaking/reasoned   Yes/No
                                       Whether Reportable       Yes/No