Punjab-Haryana High Court
Manish Sabikhi And Anr vs Seema Kohli And Others on 24 September, 2024
Author: Rajbir Sehrawat
Bench: Rajbir Sehrawat
Neutral Citation No:=2024:PHHC:126341
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RSA-2837-2019
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
110 CM-9545-C-2024 and
CM-9546-C-2024 in/and
RSA-2837-2019 (O & M)
Date of decision: 24.09.2024
MANISH SABIKHI AND ANR ...Appellants
Versus
SEEMA KOHLI AND OTHERS ...Respondents
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
Present:- Ms. Aashna Aggarwal, Advocate for
Mr. Kulwant Singh, Advocate, for the applicant-appellants.
Mr. R.S.Randhawa, Advocate,
Ms. Taranum Madan and Mr. Antriksh Sharma, Advocate,
for respondents No.1 to 3.
RAJBIR SEHRAWAT, J. (Oral)
CM-9546-C-2024
1. This is an application under Section 151 CPC for an early
hearing of the main appeal.
2. Notice in the application to respondents No.1 to 3.
3. Mr. R.S.Randhawa, Advocate, accepts notice on behalf of
respondents No.1 to 3 and submits that he has no objection, if the present
application is allowed.
4. In view of the grounds mentioned in the application and in
view of 'No objection' given by the counsel opposite, the present
application is allowed. The main appeal is preponed to today itself and
taken on the Board for hearing.
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Neutral Citation No:=2024:PHHC:126341
RSA-2837-2019
RSA-2837-2019 (O & M)
1. This is the regular second appeal filed by appellant-defendants
No.1 and 2, challenging the concurrent judgments and decrees passed by
the Courts below; whereby the suit filed by respondents No.1 to 3-plaintiffs
was decreed.
2. CM-9545-C-2024 has been filed for disposal of the main
appeal in terms of compromise deed dated 16.09.2024 arrived at between
the parties.
3. Counsel for appellants-defendants No.1 and 2 has submitted
that the matter has since been settled between the parties in pursuance of
the compromise deed dated 16.09.2024. Therefore, both the judgments and
decrees passed by the Courts below, deserve to be set aside, in terms of the
compromise arrived at between the parties. The said compromise deed
dated 16.09.2024, annexed with CM-9545-C-2024, is taken on record as
Annexure A-1.
4. Counsel for respondents No.1 to 3 has not disputed the factum
of compromise effected between the parties, and he has 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 compromise deed
dated 16.09.2024 (Annexure A-1).
5. In view of the above, the judgment and decree dated
22.03.2016 passed by the trial Court and the judgment and decree dated
06.11.2018 passed by the lower Appellate Court, are set aside. The said
compromise deed dated 16.09.2024 (Annexure A-1) be made part of the
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Neutral Citation No:=2024:PHHC:126341
RSA-2837-2019
decree.
6. Allowed in the afore-mentioned terms.
7. Pending application, if any, shall stand disposed of.
24.09.2024 (RAJBIR SEHRAWAT)
parveen kumar JUDGE
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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