Madan Lal v. Mool Chand

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH RSA No. 806 of 1990 (O&M) Date of Decision : 16.09.2016 Madan Lal (deceased) through his LRs ....Appellants

Versus

Mool Chand (deceased) through his LRs & ors.

....Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. K.B. Raheja, Advocate for LR no. 1 of the appellant.

None for LRs no. 2 and 3 of the appellant.

Mr. J.S. Toor, Advocate for LR no. 1 of respondent no.1.

Ms. Puja Chopra, Advocate for LR no. 2-Shekhar Kalia of respondent no.1. Mr. Sandeep Punchhi, Advocate for respondent no. 2 (iv) and (v).

Mr. Tapish K. Gupta, Advocate for respondent no. 5.

Surinder Gupta, J. (Oral) CM No. 10842-C of 2016 This is application to place on record affidavit of Shekhar Kalia.

Application is allowed and affidavit of Shekhar Kalia is taken on record subject to just all exceptions. CM No. 11928-C of 2016 This is application to place on record affidavit of respondent no. 5-Karam Chand Kalia.

Application is allowed and affidavit of respondent no. 5Karam Chand Kalia is taken on record subject to just all exceptions.

-2CM No. 12005-C of 2016 This is application to place on record proposal made by Shekhar Kalia (Annexure R-1/B).

For the reasons stated in the application, which is supported by affidavit, the same is allowed and proposal (Annexure R-1/B) made by Shekhar Kalia is taken on record. CM No. 13317-C of 2015 This is application for early hearing the appeal, which is admitted.

Application is allowed and appeal is taken up on board today itself for hearing.

RSA No. 806 of 1990 (O&M) Heard.

Learned counsel for parties submit that parties have arrived at amicable settlement to abide by the terms of compromise dated 25.07.2016 recorded before the Mediation and Conciliation Centre of this Court with exclusion of settlement qua the property of parties at Ludhiana and all the terms recorded in the compromise/settlement dated 25.07.2016 qua the property of parties at Ludhiana.

Learned counsel for the appellant(s) further submits that in view of amicable settlement, the dispute relating to the property which is subject matter of RSA No. 806 of 1990 may be decided as per settlement dated 25.07.2016.

In view of submission of learned counsel for parties, appeal (RSA No. 806 of 1990) is disposed of in terms of settlement dated 25.07.2016 (Mark 'C-1') before the Mediation and Conciliation Centre of this Court with the exception that it will not

-3be applicable to the property of parties situated at Ludhiana. The terms mentioned in the settlement shall be read as part of this order and form part of decree passed in this case. Parties will remain bound by the terms of settlement (mark C-1) Affidavits of other parties already placed on file are also taken on record.

September 16, 2016 ( SURINDER GUPTA) jk JUDGE