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High Court of Punjab and HaryanaFAO-M/124/2008dismissed

Harjinder Pal Singh Sekhon v. Rajinder Bajwa

2015-02-19Mr. Justice Kuldip Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CM No. 2612-CII of 2015 in/and FAO No. M-124 of 2008 Decided on : 19.02.2015 Harjinder Pal Singh Sekhon . . . Appellant

Versus

Smt. Rajinder Bajwa . . . Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MRS. JUSTICE SNEH PRASHAR PRESENT: Mr. Harminder Singh, Advocate for the applicant-appellant.

Mr. H.S. Tuli, Advocate for Mr. S.S. Rangi, Advocate for the non-applicant/respondent.

**** AJAY KUMAR MITTAL, J. (Oral) CM No. 2612-CII of 2015 This is an application filed under Order 23 Rule 3 read with Section 151 CPC, seeking withdrawal of the appeal. It has been averred in the application that the matter has been amicably settled between the parties vide compromise-deed dated 06.12.2014. The copy of compromise-deed has been appended along with the application, as Annexure A-1.

Notice of this application.

Mr. H.S. Tuli, Advocate for Mr. S.S. Rangi, Advocate, accepts notice on behalf of the non-applicant/respondent and pleads no objection to the withdrawal of the appeal.

JAWALA RAM 2015.02.21 13:18 I attest to the accuracy and authenticity of this document Chandigarh

CM No. 2612-CII of 2015 in/and [ 2 ] FAO No. M-124 of 2008 After hearing learned counsel for the parties and perusing the contents of the application, which is supported by an affidavit of the applicant-appellant, the Civil Miscellaneous Application is hereby allowed and the applicant-appellant is permitted to withdraw the appeal. FAO No. M-124 of 2008 At the oral request of learned counsel for the parties, the main appeal is taken up for hearing today.

2.

In view of the order of even date passed in CM No. 2612-CII of 2015, the appeal stands dismissed as withdrawn. However, liberty is granted to the appellant to move an application for revival of the appeal, in case the compromise-deed dated 06.12.2014, is not acted upon by the respondent.

(AJAY KUMAR MITTAL) JUDGE (SNEH PRASHAR) February 19, 2015 JUDGE J.Ram JAWALA RAM 2015.02.21 13:18 I attest to the accuracy and authenticity of this document Chandigarh