Harish Kumar And ORS v. Inder Kumar Singla And ANR

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 288-2 Decided on : 24.08.2023 Harish Kumar and others . . . Appellant(s)

Versus

Inder Kumar Singla and another . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Anurag Chopra, Advocate for the applicant-appellant(s).

Mr. Kulwant Singh, Advocate for Ms. Aashna Aggarwal, Advocate for respondent No.1.

None for respondent No.2.

**** SANJAY VASHISTH , J. (Oral) 1.

Civil Miscellaneous Application bearing No.CM-6071-C-2023, has been filed by the applicant-appellants, for seeking withdrawal of main appeal i.e. RSA-1443-2020.

2.

It has been averred in the application that during the pendency of present appeal before this Court, with the intervention of the close relatives, family friends and other respectables, dispute between the parties (i.e. appellants-plaintiffs and respondent-defendant), has been amicably resolved. In this regard, a compromise deed dated 23.05.2023 (A-1) has also been executed between the parties. Relevant paragraphs No.3 & 4 of CM6071-C-2023, are reproduced as under:- "3.

That during the pendency of the above mentioned appeal, upon intervention of the close relatives, family members and other respectables, the dispute between the

- 2 - appellant/applicant and the respondents has been amicably resolved vide a compromise deed dated 23.05.2023, as a consequence whereof, the appellant/applicant does not seek to pursue the above mentioned appeal any longer and hence seeks the leave of this Hon'ble Court to withdraw the above mentioned appeal. For the kind perusal of this Hon'ble Court, a copy of the Compromise Deed dated 23.05.2023 is being annexed herewith as Annexure A/1.

4.

That the withdrawal of the above mentioned appeal and the institution of the instant application in this Hon'ble Court is out of the free will and consent of the appellant/applicant without any duress, coercion or undue influence from either the respondents or from any other person.

It is, therefore, respectfully prayed that in the light of the facts and circumstances detailed hereinabove, the instant application may kindly be allowed and the applicants/appellants may be permitted to withdraw the above mentioned appeal."

3.

Notice of this application to the non-applicant/respondents. 4.

Mr. Kulwant Singh, Advocate for Ms. Aashna Aggarwal, Advocate, for applicant-respondent No.1, who is present in Court, accepts notice on behalf of the non-applicant/respondent No.1, and also confirms the statement made by counsel for the applicant-appellants. Copy of the application along with affidavit has already been received by him in advance.

5.

After hearing learned counsel for the parties, and in view of the averments made in the application, which is supported by a notarized affidavit of applicant-appellant No.1, prayer made in the application is allowed, and the applicant-appellants are permitted to withdraw main appeal.

- 3 - CM stands disposed of.

5.

Consequently, main appeal i.e. RSA-1443-2020 (O&M) stands dismissed as withdrawn.

Pending misc. application(s), if any, also stand disposed of. (SANJAY VASHISTH) JUDGE August 24, 2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No