RSA-3999- -2014 (O&M) -1- IN THE HI E HIGH COURT OF PUNJAB AND H v. Harpal Singh l Singh and another
Case Details
RSA-3999- -2014 (O&M) -1- IN THE HI E HIGH COURT OF PUNJAB AND H ND HARYANA AT CHANDIGARH 219 1. RSA-3999-2014 (O&M) Devinder Sin der Singh .… Appellant Versus Harpal Singh l Singh and another .... Respondents 2. RSA-4501-2014 (O&M) Devinder Sin der Singh .… Appellant Versus Harpal Singh l Singh and another .... Respondents 3. RSA-5671-2018 (O&M) Gurbachan S chan Singh (deceased) through his LR is LRs .… Appellant Versus Devinder Sin der Singh and another .... Respondents Date of Decision: 19.09.2025 CORAM: H
Legal Reasoning
M: HON'BLE MS. JUSTICE NIDH NIDHI GUPTA Present: - Mr. Kabir Sarin, Advocate for the appellant(s) (in RSA No for the respondent(s)( in RSA- -5671-2018). A Nos. 3999 and 4501-2014) and Mr. Supriya Garg, Advocate No. 1 for defendant/respondent No. 1 (in RSA Nos. 3999 and 4501-20 for the appellant(s)( in RSA-567 2014) and 5671-2018). NIDHI GUP I GUPTA, J. (ORAL) 1. All the aforementioned 03 seco osed 3 second appeals are being disposed of by this co this common order as the facts, issues issues and parties involved in all the second appe appeals are identical being arise ned arisen out the same impugned judgments a ents and decrees of both the Cou of Courts below. For the sake of RISHU KATARIA 2025.09.19 19:49 I attest to the accuracy and authenticity of this order/judgment. RSA-3999- -2014 (O&M) -2- convenience nience, facts are being extracted from der from RSA-3999-2014, (Devubder Singh vs. Ha Harpal Singh and another). 2. The appellant-plaintiff is in the is in second appeal against the concurrent j rrent judgments and decrees rendere low endered by both the Courts below whereby the by the suit of the plaintiff for pos cific or possession by way of specific performance mance of Agreement dated 29.10.20 for 9.10.2005 was dismissed; and for alternative re tive relief was partly decreed and the for the plaintiff was held entitled for recovery of ry of ₹3,00,000/- being paid by hi the by him as earnest money to the respondent dent-defendant along with interest of est of ₹1,66,000/- thereupon. 3. On the last date of hearing the i.e. 11.07.2025 when all the appeals were ls were listed for hearing, following c d by wing common order was passed by - this Court:- “After due deliberations ts, ions with their respective clients, learned counsel for the partie air arties are ad idem there are fair chances of an amicable settlem he ement of the dispute between the parties. In view of the above, at ed e, at the joint request of learned counsel for the parties, the he the matter is referred to the Mediation and Conciliation or ion Centre of this Court for exploring the possibility of am he f amicable settlement between the parties, in view of the ‘Special on ecial Mediation Drive- Mediation for Nation’, initiated under the me the aegis of the Hon’ble Supreme Court. The parties are direc directed to appear before he the Mediation and Conciliation tion Centre of on this Court on 16.07.2025 at 10:00 A.M. Adjourned to 19.09.2025 he .2025, for awaiting report of the Mediator. A photocopy of this ord of order be placed on the files of other connected cases.” RISHU KATARIA 2025.09.19 19:49 I attest to the accuracy and authenticity of this order/judgment. RSA-3999- -2014 (O&M) -3- 4. Learned counsel for the parties atter parties are ad idem that the matter stands settle settled between the parties before th tion ore the Mediation and Conciliation Centre of th of this Court, as is also evident fro iator nt from the report of the Mediator dated 30.07. 30.07.2025. 5. Learned counsel for defendan fendant/respondent No. 1 (in RSA Nos. 3999 an 999 and 4501-2014) submits that in te ent in terms of Settlement Agreement dated 30.07.2 30.07.2025 arrived at between the part he parties, a total sum of ₹7,80,000/- is to be paid e paid by respondent No. 1 to the leg the legal heirs of appellant (in RSA Nos. 3999 3999 and 4501-2014). Accordingly rafts ingly, two original demand drafts bearing Nos g Nos. 006367 and 006368 date to dated 16.09.2025 amounting to ₹3,90,000/- - each in the names of Sukpal Kau s of al Kaur and Anmoljit Singh/LRs of the appellan pellant, respectively, have been hand rned n handed over in Court by learned counsel for el for respondent No. 1 to learned co who ed counsel for the appellants, who accepts the s s the same and undertakes to hand ov f the and over the same to the LRs of the appellant du ant during the course of the day. P said day. Photocopies of the aforesaid demand draf d drafts are retained on record. 6. Learned counsel for the respon that respondent(s) further points out that in terms of s of Clasuse 7 (c) of the aforesaid ated resaid Settlement Agreement dated 30.07.2025 2025, respondent No. 1 may be permit ond permitted to release the surety bond furnished by hed by him before the Court below, in and , in view of the fact that full and final paymen ayment of ₹7,80,000/- as agreed betw id to d between the parties, stands paid to the LRs of th s of the appellant. 7. 8. Heard. Ordered accordingly. RISHU KATARIA 2025.09.19 19:49 I attest to the accuracy and authenticity of this order/judgment. RSA-3999- -2014 (O&M) -4- 9. In view of the facts noted abov d 03 d above, all the aforementioned 03 second appe appeals bearing RSA Nos. 3999 and 9 and 4501-2014 and n RSA-5671- 2018 are dis
Decision
disposed of in terms of Settlement lement Agreement dated 30.07.2025 arrived at be d at between the parties. 10. It is needless to say that both the both the parties shall abide by the terms and and conditions of the aforesaid ated said Settlement Agreement dated 2025. 30.07.2025. 11. A photocopy of this order be ther er be placed on the files of other connected ca cted cases. 12. Pending application(s), if any also f any (in all the cases), shall also stand dispose disposed of. 2025 19.09.2025 rishu ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned ned Yes/No Whether Reportable Yes/No RISHU KATARIA 2025.09.19 19:49 I attest to the accuracy and authenticity of this order/judgment.