Date o v. Amrit Lal an Lal and others
Case Details
RSA-1935- -2008 (O&M) -1- IN THE HIG E HIGH COURT OF PUNJAB AND HA ND HARYANA AT CHANDIGARH 104 RSA-1935-2008 (O&M) RSA Raj Singh an ngh and others .… Appellants Date of Decision: 24.02.2025 Date o Versus Amrit Lal an Lal and others .... Respondents CORAM: H M: HON'BLE MS. JUSTICE NIDH NIDHI GUPTA Present: -
Legal Reasoning
Mr. Surinder Garg, Advocate fo cate for the applicant-appellants. Mr. APS Sidhu, Advocate for re e for respondent No.1. NIDHI GUP I GUPTA, J. (ORAL) CM-1868-C C-2025 Prayer in this application filed u read filed under Order XXII Rule 3 read with Section ection 151 CPC is for impleading the g the legal heirs of appellant No. 1- Raj Singh (s (since deceased). It is stated that appellant on llant No. 1-Raj Singh died on 13.08.2021 2021, during the pendency of the pres d no present appeal leaving behind no other legal h legal heirs except his wife and son, fu of son, fully detailed in para No. 2 of the applicati plication. Copy of death certificate is a ate is annexed as Annexure A-1. Notice of the application to lear to learned counsel opposite. Mr.APS Sidhu, Advocate who epts e who is present in Court accepts notice on be on behalf of respondent No.1 and h ’ in and has pleaded ‘no objection’ in case, the pre he present application is allowed. In view of the above and f the and for the reasons stated in the application, ation, duly supported by the affidavit, ct to davit, the same is allowed subject to all just excep t exceptions and the persons detailed in tion ailed in para No. 2 of the application RISHU KATARIA 2025.02.25 10:26 I attest to the accuracy and authenticity of this order/judgment. RSA-1935- -2008 (O&M) -2- are permitte ermitted to be brought on record of ecord as legal representatives of deceased/app appellant No. 1-Raj Singh for t the for the purpose of pursuing the present appe t appeal. Amended memo of parties filed n is s filed along with the application is taken on reco on record. Registry to place the same at t e at the proper place in the paper- book. CM-1869-C C-2025 Prayer in this application filed le 3 n filed under Order XXIII Rule 3 CPC read w ead with Section 151 CPC is for deci ring r deciding the main appeal bearing RSA-1935- -2008 on the basis of compromise xure romise dated 16.01.2025 (Annexure A-2). Notice of the application to lear to learned counsel opposite. Mr.APS Sidhu, Advocate who epts e who is present in Court accepts notice on be on behalf of respondent No.1 and h ’ in and has pleaded ‘no objection’ in case, the pre he present application is allowed. In view of the above and f the and for the reasons stated in the application, ation, the same is allowed and the mai oard he main appeal is taken up on Board for disposal posal on the basis of compromise (An se (Annexure A-2) today itself. RSA-1935- -2008 (O&M) Vakalatnama filed on behalf of 1 is half of plaintiff/respondent No. 1 is taken on reco on record. With the consent of learned cou ain ed counsel for the parties, the main appeal is tak l is taken up for final hearing today. The defendants/appellants are are in the present second appeal against the j t the judgment and decree dated 18.0 rned 18.03.2008 passed by the learned RISHU KATARIA 2025.02.25 10:26 I attest to the accuracy and authenticity of this order/judgment. RSA-1935- -2008 (O&M) -3- Additional D onal District Judge, Muktsar vide w the ide which the appeal filed by the plaintiff-resp respondent No. 1 was allowed rever cree d reversing the judgment and decree dated 05.02. 05.02.2007, passed by the learned A nior Additional Civil Judge (Senior Division), on), Malout, dismissing the suit file dent it filed by the plaintiff-respondent No. 1 for po for possession by way of specific perf sell ic performance of agreement to sell dated 25.11. 25.11.1998. The matter pertains to the ye the year 2008 and the same was admitted by ed by a co-ordinate Bench of thi of this Court, vide order dated 29.08.2012, 2012, which reads as under:- in question No. (ii):- “Heard. Admitted to consider que it was the circumstances, the ii) Whether Court below to have granted mandatory for the Cou of specific performance to the discretionary relief of s ost 10 years? respondent after almost 1 on of the impugned judgment Meanwhile, operation o t to the appellants depositing a shall remain stayed subject to ed Executing Court. The learned sum of ₹4 lakh in the learned E to put the said amount in a fixed Executing Court is direct to pu ecision.” deposit to abide the final decisio At the very outset, learned rned counsel for the appellants submits tha ts that the matter stands settled b tled between the parties as per compromise omise dated 16.01.2025 (Annexure A xure A-2), according to which the appellants h ants have paid an amount of ₹2,70,0 2,70,000/- to plaintiff-respondent 1 as No. 1 as full and final settlement, ment, pursuant to which the plaintiff/resp ff/respondent No. 1 had left the land land in dispute. It is accordingly, prayed that t that the present Regular Second App
Decision
d Appeal may be disposed of and the impugne pugned judgment and decree dated dated 18.03.2008 passed by the learned Add d Additional District Judge, Muktsar uktsar, be set aside, in terms of compromise omise (Annexure A-1), as aforesaid. RISHU KATARIA 2025.02.25 10:26 I attest to the accuracy and authenticity of this order/judgment. RSA-1935- -2008 (O&M) -4- Learned counsel for plaintiff/ aintiff/respondent No. 1 has not disputed the ed the aforesaid submissions of learne learned counsel for the appellants and submits bmits that he has ‘no objection’ in cas in case, the present second appeal is disposed o sed of in terms of compromise (Anne (Annexure A-2) and the impugned judgment an ent and decree dated 18.03.2008 is set is set aside. In view of the above, the prese present Regular Second Appeal is disposed of, ed of, in terms of compromise dated dated 16.01.2025 (Annexure A-2), arrived at be d at between the parties and the imp e impugned judgment and decree dated 18.03 18.03.2008 passed by the learned arned Additional District Judge, Muktsar is h ar is hereby set aside. Pending application(s), if any, s any, shall stands disposed of. 2025 24.02.2025 rishu ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2025.02.25 10:26 I attest to the accuracy and authenticity of this order/judgment.