Chamkaur Singh v. Roop Singh

VINOD KUMAR 2015.02.18 10:17 I attest to the accuracy and authenticity of this document Chandigarh CR No.5334 of 2014 [ 1 ] ****

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR No.5334 of 2014 Date of decision:12.02.2015 Chamkaur Singh

...Petitioner

Versus

Roop Singh

...Respondent

CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Vivek Rattan, Advocate, for the petitioner.

Mr. M.S.Virk, Advocate, for the respondent.

***** Rakesh Kumar Jain, J.

The petitioner is aggrieved against the order dated 24.05.2014 passed by the Lok Adalat, Dhuri, for considering the suit of the plaintiff on merits despite a compromise between the parties. The petitioner filed a suit for declaration challenging the sale certificate dated 07.12.2013 in favour of the defendant. The defendant suffered a statement on 21.05.2014 that he had entered into a compromise (Ex.CX) with the plaintiff. He had not taken the possession, his sale certificate may be cancelled and he would have no objection if the suit filed by the plaintiff-petitioner is decreed as per the compromise and the stamp charges may be refunded.

The Lok Adalat, vide the impugned order dated 24.05.2014, though noticed the compromise and the statements but ordered that the suit

VINOD KUMAR 2015.02.18 10:17 I attest to the accuracy and authenticity of this document Chandigarh CR No.5334 of 2014 [ 2 ] **** be considered on merits and sent it to the regular Court for consideration. After notice in the present petition, the respondent has put in appearance and submitted that the suit of the plaintiff-petitioner may be decreed in terms of the compromise.

In view of the statement made by learned counsel for the respondent and the facts and circumstances of the case, the impugned order dated 24.05.2014 is hereby modified and it is ordered that the suit of the plaintiff-petitioner be decreed in terms of the compromise (Ex.CX). Disposed of.

February 12, 2015 (Rakesh Kumar Jain) vinod* Judge