Citation : 2024 Latest Caselaw 5955 P&H
Judgement Date : 15 March, 2024
2024:PHHC:037844
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
206-2
RSA-832-1996 (O&M)
Date of decision : 15.03.2024
Randhir Singh deceased through LRs and Others ... Appellant(s)
Versus
Satbir Singh deceased through LRs and Another ...Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Kulvir Narwal, Advocate
Mr. Shubham Chaudhary, Advocate and
Mr. Satish Kumar, Advocate for the appellants.
Mr. Keshav Pratap Singh, Advocate and
Mr. Nitin Sansanwal, Advocate for the respondents.
ALKA SARIN, J. (ORAL)
1. The present appeal has been preferred by the defendant-
appellants challenging the judgments and decrees dated 03/05.12.1994 and
15.12.1995 passed by the Trial Court and the First Appellate Court,
respectively decreeing the suit for possession by way of pre-emption filed by
the plaintiff-respondents herein.
2. During the pendency of the present appeal, the parties have
entered into a compromise, which has been placed on record alongwith CM-
12911-C-2023 in RSA-832-1996 as Ex.C-1. Though the learned counsel for
the respondents had initially opposed the factum of compromise, however,
2024:PHHC:037844
RSA-832-1996 (O&M) -2-
subsequently, vide order dated 13.02.2024, the parties were directed to get
their statements recorded before the Mediation and Conciliation Centre at
Rohtak. A report has since been received. As per the report of the Mediator,
the parties have voluntarily entered into a compromise. The compromise
which is now marked as Ex.C-1, has been accepted and verified by the
parties and statements have also been recorded. The affidavits of the
appellants and respondents have already been placed on the record
alongwith the report.
3. In view of the above, the present appeal is allowed in terms of
the compromise Ex.C-1. The judgments and decrees dated 03/05.12.1994
and 15.12.1995 passed by the Trial Court and the First Appellate Court, are
set aside. The compromise Ex.C-1 be made a part of the decree sheet. As per
the compromise Ex.C-1, the pre-emption amount deposited by the plaintiff-
respondents is to be returned to which the defendant-appellants would have
no objection.
15.03.2024 (ALKA SARIN)
Ankur JUDGE
NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO
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