Dhanpat Bagri And ANR v. Gaurav Bagri And ORS

2023:PHHC:122207 114+277 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-150-2021 (O&M) Date of Decision: 04.09.2023 DHANPAT BAGRI AND ANR ...Appellants

Versus

GAURAV BAGRI AND ORS

...Respondents

CORAM: HON'BLE MR. JUSTICE GURBIR SINGH Present:- Ms. Nidhi, Advocate for Mr. Deepender Singh, Advocate for the appellants.

Mr. Sahil Gupta, Advocate for respondents No.1 to 3 and 7.

Mr. Sudhanshu Makkar, Advocate for respondent No.4-LIC.

Mr. Hemant Hans, Advocate for Mr. Bhushan Bhatia, Advocate for respondent No.5.

GURBIR SINGH , J.(Oral) CM-9824-C-2023 Prayer in this application under Section 151 CPC is to place on record original compromise deed dated 24.04.2023 (Annexure A-6). For the reasons mentioned in the application, the same is allowed. Document (Annexure A-6) is taken on record.

Main Case The present regular second appeal has been filed by the appellantsdefendants against the judgment and decree dated 26.11.2019 passed by learned Additional Sessions Judge, Rewari whereby the appeal filed by the respondents-plaintiffs in a suit for declaration and for permanent & mandatory injunction against the judgment and decree dated 26.07.2016 passed by learned HIMANSHU 2023.09.18 17:58 I attest to the accuracy and authenticity of this order/judgment.

Civil Judge (Junior Division), Rewari, was allowed. During the pendency of present appeal before this Court, the parties have entered into a compromise which was reduced into writing vide compromise deed dated 24.04.2023 (Annexure P-6). Para 11 of said compromise reads as under:- "That in view of the compromise, the parties to the present compromise deed have no objection in case the judgment and decree dated 26.07.2016 passed by ld. Civil Judge (Jr. Division), Rewari and judgment and decree dated 26.11.2019 passed by Ld. ADJ, Rewari are set-aside and the suit is decreed in the terms that the second party will receive the amount i.e. 68.5% of the total amount payable by LIC in lieu of the service benefits as well as benefits of LIC policies and other benefits except pensionary benefits of Sh. Satish Kumar Bagri and the remaining amount i.e. 31.5% will received by the first party.

In view of the compromise deed, the present appeal stands disposed of accordingly and suit is decreed as per compromise (Annexure A-6). Since the main case is disposed of so no order is required to be passed in the applications.

The present appeal stands disposed of accordingly. 04.09.2023 (GURBIR SINGH) himanshu JUDGE Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No HIMANSHU 2023.09.18 17:58 I attest to the accuracy and authenticity of this order/judgment.