Ho Ram And ANR. v. Jai Singh Joon And ANR.

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-3556-C-2023, CM-3558-C-2023, CM-3561-C-2023 IN/AND Date of Decision: 13.04.2023 Ho Ram and another ...... Appellants

Versus

Jai Singh Joon and another ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Aashish Chopra, Senior Advocate, with Ms. Mehar Nagpal, Advocate, for the applicants/appellants.

Respondents proceeded ex parte (vide order dated 28.08.2008) ***** RAJBIR SEHRAWAT, J. (ORAL) CM-3556-C-2023 AND CM-3561-C-2023 These are the applications filed under Section 151 CPC for fixing an actual date of hearing in the main case and for disposing of the main appeal on the basis of settlement/compromise arrived at between the parties to the lis.

For the reasons mentioned in the applications, the same are allowed as prayed for. Accordingly, the main appeal is taken on board for hearing today itself for final disposal.

-2CM-3558-C-2023 This is an application for bringing on record the legal representatives of deceased appellant No.2 (Jai Singh). For the reasons mentioned in the application, the same is allowed for the limited purpose of conduct of proceedings of this appeal only. The persons, as mentioned in para No.2 of the application, are allowed to be brought on record as legal representatives of the deceased appellant No.2, subject to all just exceptions.

Amended memo of parties attached with the application is ordered to be taken on record.

The present regular second appeal has been preferred by the appellants/plaintiffs against the judgment and decree dated 07.11.2005 passed by the Additional Civil Judge (Senior Division), Gurgaon, whereby the suit for possession by pre-emption filed by the appellants/plaintiffs has been dismissed, as well as, the judgment and decree dated 17.04.2008 passed by the Additional District Judge, Gurgaon, whereby the appeal filed by the appellants/plaintiffs was also dismissed. Learned Senior counsel for the appellants submits that the matter has since been settled/compromised between the parties and he prays for withdrawal of the main appeal.

In view of the above, the main appeal is dismissed as withdrawn, as prayed for.

-3All pending miscellaneous applications, if any, are also disposed of as such.

(RAJBIR SEHRAWAT) JUDGE 13.04.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No