Punjab-Haryana High Court
Harmanpreet Singh And Another vs Sukhdev Singh on 25 November, 2024
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2024:PHHC:155363
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
144
RSA-1741-2024 (O&M)
Date of decision: 25.11.2024
HARMANPREET SINGH AND ANR. ..Appellants
Versus
SUKHDEV SINGH ..Respondent
RSA-1954-2024 (O&M)
HARMANPREET SINGH AND ANR. ..Appellants
Versus
SUKHDEV SINGH ..Respondent
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Balbir Saini, Advocate
for Mr. Jaskamal Singh Grewal, Advocate
for the appellants.
ANIL KSHETARPAL, J(Oral)
CM-6861 & 6862-C-2024
1. For the reasons stated in the applications for condonation of
delay which are supported by the affidavits, the applications are allowed.
2. The delay of 141 days and 20 days in refiling and filing the
appeal, respectively, is condoned.
3. CMs stand disposed of.
Main case
4. These two regular second appeals have been filed by the
plaintiffs against the concurrent findings of fact arrived at by the Courts
below.
5. The plaintiffs filed suit for declaration to the effect that the
agreement to sell should be rescinded along with forfeiture of earnest
money.
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Neutral Citation No:=2024:PHHC:155363
RSA-1741-2024 (O&M) &
RSA-1954-2024 (O&M) -2-
The defendants filed counter claim seeking relief of specific performance of
the agreement to sell.
6. The suit filed by the plaintiffs was dismissed, whereas, the
counter claim filed by the defendants was decreed qua refund of earnest
money.
7. These two appeals have been filed against the decree passed in
the counter claim.
8. The learned counsel representing the appellants has brought to
the notice of the Court the order passed by the Executing Court on
01.10.2024, which reads as under:-
"Shri T S Dhiman, Advocate counsel for DH had suffered
statement on dated 18.09.2024 that the counter claim of
Sukhdev Singh was decreed in present case for Rs.11 lacs
along with interest. He had also stated that the matter has
been settled between the parties and DH Sukhdev Singh
has received Rs.19 lacs in his account in full and final
settlement of the decreetal amount.
He had further stated that as per instructions of his
client, he withdraw the present execution being fully
satisfied and now nothing is due from JD Harmanpreet
Singh qua the said judgment and decree. The decree
holder has no objection if the property of Harmanpreet
Singh is released from attachment and the present
execution is dismissed as withdrawn being fully satisfied.
In light of the statement suffered by counsel for DH
on dated 18.09.2024, the present execution stands
dismissed as withdrawn being fully satisfied. File be
consigned to the Record Room, Fatehgarh Sahib.
Pronounced."
9. He submits that in view of the aforesaid order, the matter finally
stands settled.
10. Keeping in view the aforesaid position, both the appeals are
disposed of in view of order passed by the Executing Court on 01.10.2024.
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Neutral Citation No:=2024:PHHC:155363
RSA-1741-2024 (O&M) &
RSA-1954-2024 (O&M) -3-
11. All the pending miscellaneous applications, if any, are also
disposed of.
November 25th, 2024 (ANIL KSHETARPAL)
Ay JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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