Joginder Singh v. Kashmir Singh And ORS

2023:PHHC:115910 CM-15597-CII-2023 AND CM-15598-CII-2023 IN/AND CR-8109-2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.110 CM-15597-CII-2023 AND CM-15598-CII-2023 IN/AND CR-8109-2018 Date of Decision: 04.09.2023 JOGINDER SINGH ....Petitioner

Versus

KASHMIR SINGH AND ORS .....Respondents

CORAM:

HON'BLE MRS JUSTICE ARCHANA PURI Present:- Mr. Harminder Singh, Advocate for the petitioners. Mr. Gagandeep Singh Sirphikhi, Advocate for respondent No.1. Mr. Vipin Mahajan, Advocate for respondent No.4. ***** ARCHANA PURI, J. (Oral) CM-15597-CII-2023 AND CM-15598-CII-2023 The present applications have been filed for preponement of the date of hearing of the main petition, which is fixed for 12.10.2023 and for disposal of the same, in view of the compromise, so reached between the parties.

Keeping in view the averments, made in the applications, same are allowed and the main case is taken up for hearing today itself. Main case The compromise is stated to have been effected between the parties and the written compromise deed dated 01.08.2023 is annexed as Annexure A/1, with the subsequent application i.e. CM-15598-CII-2023, so filed.

SONU 2023.09.05 17:28 I attest to the accuracy and authenticity of this document

2023:PHHC:115910 CM-15597-CII-2023 AND CM-15598-CII-2023 IN/AND CR-8109-2018 Even, on the basis of the compromise deed (Annexure A/1), the statements before learned Lower Court have been recorded, copies whereof has been annexed with the said application.

In the said statements, parties concerned had stated about the genuineness of the compromise, so reached between them and had made a prayer for passing of the compromise decree, on the basis of said compromise.

It is submitted by learned counsel that solely on account of stay having been granted by this Court, in the present case, compromise decree is not being passed by learned Lower Court.

In view of the compromise, so placed on record at the behest of applicant/respondent, learned counsel for the petitioner states that, even though, he is not aware of the compliance of the compromise before the Lower Court, but in view of the statements of the parties, got recorded vide order dated 01.08.2023, the present revision petition be disposed of being compromised.

Ordered accordingly.

However, in the eventuality of the compromise not being fructified, before learned Lower Court, the affected party shall be at liberty to seek revival of the present revision petition. (ARCHANA PURI) 04.09.2023 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No SONU 2023.09.05 17:28 I attest to the accuracy and authenticity of this document