Punjab-Haryana High Court
(O&M) Rajinder vs Ishwar Singh And Ors on 5 September, 2024
Author: Rajbir Sehrawat
Bench: Rajbir Sehrawat
Neutral Citation No:=2024:PHHC:116611
RSA-1550-2010
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
101 CM-8870-C-2024 and
CM-8927-C-2024 in/and
RSA-1550-2010 (O & M)
Date of decision: 05.09.2024
RAJINDER ...Appellant
Versus
ISHWAR SINGH AND ORS. ...Respondents
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
Present:- Mr. Nikhil Sehrawat, Advocate for
Mr. Ashwani Talwar, Advocate, alongwith
appellant-Rajinder.
Ms. Ramandeep Kaur, Advocate,
alongwith respondents No.1 and 3.
Mr. Rajat Singh, Advocate and
Mr. Keshav Pratap Singh, Advocate,
alongwith respondent No.2-Jagminder Singh.
Mr. Mukul Aggarwal, Advocate,
alongwith applicant (proposed respondent No.9).
****
RAJBIR SEHRAWAT, J. (Oral)
CM-8927-C-2024
1. This is an application under Order 1 Rule 10 CPC for
impleading applicant-Katar Singh as respondent No.9 in the present appeal.
2. In view of the grounds mentioned in the application, the same
is allowed and applicant-Katar Singh is impleaded as respondent No.9 in
the present appeal. Amended memo of parties is taken on record.
CM-8870-C-2024
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Neutral Citation No:=2024:PHHC:116611
RSA-1550-2010
1. This is an application under Order 23 Rule 3 read with Section
151 CPC for disposal of the present appeal in terms of the settlement
arrived at amongst the parties.
2. With the consent of learned counsel for the parties, the main
appeal is taken on Board for hearing.
3. Application stands disposed of.
RSA-1550-2010
1. This is the regular second appeal filed by the appellant-
defendant, challenging the concurrent judgments and decrees passed by the
Courts below; whereby a decree for possession by way of specific
performance of an agreement to sell dated 10.10.1998 in respect of the suit
land, was passed in favour of respondents No.1 to 3-plaintiffs.
2. Counsel for the appellant-defendant No.1(iv), on instruction
from the appellant, who is present in the Court and has been duly identified
by the counsel, has submitted that the matter has since been compromised
between the parties in pursuance of the settlement deed dated 13.08.2024.
Therefore, both the judgments and decrees passed by the Courts below,
deserve to be set aside, in terms of the settlement deed dated 13.08.2024.
The said settlement deed dated 13.08.2024 is taken on record as Annexure
A-1.
3. Counsel for respondents No.1 and 3 and counsel for
respondent No.2, on instructions from their respective parties, who are
present in the Court and have been duly identified by their respective
counsel, have not disputed the factum of compromise effected between the
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Neutral Citation No:=2024:PHHC:116611
RSA-1550-2010
parties, and they have no objection, if the judgments and decrees passed by
the courts below are set aside; by allowing the present appeal in pursuance
of the said settlement deed dated 13.08.2024.
4. Counsel for respondent No.9, on instructions from respondent
No.9, who is present in the Court and has been duly identified by his
counsel, has also not disputed the factum of compromise effected between
the parties.
5. In view of the above, the judgment and decree dated
21.10.2009 passed by trial Court and the judgment and decree dated
19.01.2010 passed by the lower Appellate Court, are set aside. The said
settlement deed dated 13.08.2024 (Annexure A-1) be made part of the
decree.
6. Allowed in the afore-mentioned terms.
7. Pending application, if any, shall stand disposed of.
05.09.2024 (RAJBIR SEHRAWAT)
parveen kumar JUDGE
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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