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High Court of Punjab and HaryanaRSA/43/2002disposed of

(O&M) Gurchran Singh v. Jagjit Singh

2015-12-21Mr. Justice Augustine George Masih2 pages

RSA No. 43 of 2002 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 1.

RSA No. 43 of 2002 (O&M) Date of Decision : 21.12.2015 Gurcharan Singh ....Appellant

Versus

Jagjit Singh @ Ajit Singh & others ....Respondents 2.

RSA No. 134 of 2002 (O&M) Gurcharan Singh ....Appellant

Versus

Jagjit Singh @ Ajit Singh & others ....Respondents 3.

RSA No. 135 of 2002 (O&M) Gurcharan Singh ....Appellant

Versus

Surjit Kaur and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Arun Jain, Advocate for the appellant.

Mr. K.S. Boparai, Advocate for the respondents.

Surinder Gupta, J. (Oral) CMs No. 15500-C, 15499-C and 15516-C of 2015 The above captioned applications have been filed by the appellant for taking up the appeals bearing RSAs No. 43, 134 and 135 of 2002 and decide the same as per compromise placed on record as Annexure C-1, as the parties have settled the dispute under the said compromise and have also filed their affidavits to this effect.

Applications are allowed and all the above mentioned appeals are taken up today itself for decision. JITENDER KUMAR 2015.12.23 12:52 I attest to the accuracy and integrity of this document

RSA No. 43 of 2002 -2RSAs No. 43, 134 and 135 of 2002 The dispute in these appeals pertains to inheritance of property left by Inder Singh. Gurcharan Singh, Mit Singh, Zail Singh and Kesar Singh were agnates of Inder Singh who died unmarried and issueless.

Learned counsel for the parties submit that vide compromise (Annexure C-1), the parties have amicably settled the dispute and partitioned suit property measuring 146 kanals 5 marlas out of which 102 kanals 5 marlas will fall in the shares of Gurcharan Singh and Mit Singh jointly in equal shares and remaining 44 kanals will fall to shares of Zail Singh and Kesar Singh to be inherited by Jagjit Singh, Manjit Singh sons of Kesar Singh, Surjit Kaur wife of Kesar Singh and Sukhwant Kaur daughter of Kesar Singh in equal shares. Khasra number of land which fell to respective share of parties have been mentioned in compromise (Annexure C-1).

It is further submitted that regarding mesne profit, already deposited in Court, the parties have agreed that 3/5th share of the deposited amount will go to Gurcahran Singh and Mit Singh in equal shares and remaining 2/5th share will be withdrawn by Jagjit Singh and Manjit Singh sons of Kesar Singh. In view of above submissions of learned counsel for the parties, the instant appeals are disposed of by modifying the decree of the Court below as per the terms of compromise (Annexure C-1), which shall form part of the decree. A copy of this order be placed in the connected appeals.

December 21, 2015 ( SURINDER GUPTA) jk JUDGE JITENDER KUMAR 2015.12.23 12:52 I attest to the accuracy and integrity of this document