Harchand Singh v. Baldev Singh

2023:PHHC:103615

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CM-9011-C-2023, CM-9012-C-2023 IN/and RSA-2613-1993 Date of Decision: August 10, 2023 HARCHAND SINGH ........ Appellant

Versus

BALDEV SINGH ........ Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Swarn Tiwana, Advocate for the applicant-appellant. Mr. Manoj K. Sharma, Advocate for Mr. G.S. Bhatia, Advocate for respondent.

**** HARKESH MANUJA, J. (ORAL) CM-9012-C-2023 Allowed as prayed for subject to all just exceptions. CM-9011-C-2023 This is an application for bringing on record the legal heirs of appellant who has unfortunately died on 31.12.2018 Notice of application.

Mr. Manoj K. Sharma, Advocate accepts notice on behalf of respondent.

The prayer made herein is allowed and the legal heirs of deceased-Harchand Singh-appellant as mentioned in paragraph 2 of application are ordered to be impleaded as LRs. Amended memo be taken on record.

2023:PHHC:103615 CM-9011-C-2023, CM-9012-C-2023 IN/and RSA-2613-1993 -2MAIN CASE By way of present Regular Second Appeal, challenge has been laid to judgments and decrees dated 11.11.1989 and 14.09.1993 passed by Courts below whereby a suit for declaration filed at the instance of appellant-plaintiff claiming himself to be owner to the extent of half share of suit property has been dismissed. 2.

Today, an application dated 07.08.2023 has been filed before this Court relying upon a settlement dated 27.07.2023 having been entered into between the parties which has not even been opposed at the instance of respondents.

3.

In view of the compromise so arrived, appellant does not intend to pursue the present appeal, as per the learned counsel representing him.

4.

Accordingly, the present appeal is ordered to be dismissed being not pressed.

10.08.2023 (HARKESH MANUJA) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No