Punjab-Haryana High Court

Anand Kumar Etc vs Kailash Chand Etc on 7 May, 2024

Author: Lalit Batra

Bench: Lalit Batra

                                     Neutral Citation No:=2024:PHHC:063278




                                                         2024:PHHC:063278

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH


102                                CM-2290-C-2024 in/and
                                   RSA-1300-2002 (O&M).
                                   Date of Decision: 07.05.2024.


Anand Kumar and others                                         ....Appellants.

                            Versus

Kailash Chand (since deceased) through LRs and others

                                                              ....Respondents.
                             ***


CORAM: HON'BLE MR. JUSTICE LALIT BATRA
                ----


Present:       Mr. Anuj Balian, Advocate for appellants.

               Mr. Rajesh Gupta, Advocate for respondents No.1 and 2.

                            ****


Lalit Batra, J.(Oral)

CM-2290-C-2024

This application under Order XXIII Rule 3 read with Section 151

CPC has been moved by applicants/appellants for passing compromise decree

in favour of parties as per settlement arrived at between them, vide

compromise dated 31.08.2023.

Learned counsel for respondents No.1 and 2 stated that he has no

objection in case the application is allowed and the main appeal is disposed of

accordingly.

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In view of the grounds mentioned in the application and no

objection made by learned counsel for respondents No.1 and 2, the main

appeal is taken on Board today itself for disposal.

Application stands disposed of.

Main Case

Initially, appellants/plaintiffs filed a suit for perpetual injunction

restraining respondents/defendants No.1 and 2 from interfering in peaceful

possession of plaintiffs and defendant No.3 over the suit property and for

mandatory injunction directing defendants No.1 and 2 to demolish the wall or

any other construction of any kind whatsoever unauthorizedly raised by them

over the plot in dispute. The said suit was dismissed by learned Civil Judge

(Senior Division), Panchkula, vide judgment and decree dated 08.02.2000.

Plaintiffs preferred an appeal before learned First Appellate Court, against the

said judgment and decree, which was also dismissed by learned Additional

District Judge, Panchkula, vide judgment and decree dated 05.11.2001.

2. Learned counsel for the parties submit that during the pendency

of instant appeal, parties have entered into compromise, vide compromise-

cum-settlement deed dated 31.08.2023 and the same has been placed on record

as Annexure A-1. They further submit that in terms of compromise-cum-

settlement deed dated 31.08.2023, the instant appeal may be allowed.

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3. In view of above, the instant appeal is disposed of in terms of

compromise-cum-settlement deed dated 31.08.2023 (Annexure A-1), which

shall form part and parcel of this order.

4. Pending application(s), if any, also stands disposed of.





                                                    (LALIT BATRA)
                                                       JUDGE
07.05.2024
jitender


                   Whether speaking/reasoned         :      Yes/No

                   Whether reportable                :      Yes/No




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