Dalip Singh v. Major Singh

CM Nos. 4424-C & 4425-C of 2018 in/& -1RSA No. 2102 of 2009

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CM Nos. 4424-C & 4425-C of 2018 in/& RSA No. 2102 of 2009 (O&M) Date of Decision : 26.03.2018 Dalip Singh (since deceased) through his LRs. ....Petitioners

Versus

Major Singh ....Respondent

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. O.P. Hoshiarpuri, Advocate for the applicants-appellants.

Mr. S.K. Arora, Advocate for the respondent.

Surinder Gupta, J. (Oral) CM Nos. 4424-C and 4425-C of 2018 These are the applications to place on record compromise as Annexure P-1 and to dispose of the main appeal in terms of that compromise.

Learned counsel for applicants-appellants submits that the matter has since been amicably settled as per compromise (Annexure P-1). Respondent-Major Singh, in whose favour the decree for specific performance of agreement was passed by Ist Appellate Court, has been paid the entire sale consideration with interest and he has given up his right to claim specific performance of agreement. The original compromise (Annexure A-1) has been signed/thumb marked by all the parties. Learned counsel for respondent endorses the submissions of learned counsel for appellants and submits that the matter has since been amicably settled and he has no objection if the appeal is disposed of as per compromise (Annexure A-1) and the decree passed by Ist Appellate Court is Jitender Kumar 2018.03.26 16:37 I attest to the accuracy and integrity of this document Chandigarh

CM Nos. 4424-C & 4425-C of 2018 in/& -2RSA No. 2102 of 2009 set aside.

In view of above, application (CM-4424-C-20118) to place on record compromise as Annexure A-1 is allowed and the same is taken on record, subject to all just exceptions. Application (CM-4425-C-2018) seeking disposal of the main appeal as per compromise (Annexure A-1) is also allowed and the main appeal, which is lying admitted, is taken up on board for disposal today itself.

RSA-2102-2009 In view of submissions of learned counsel for appellants and learned counsel for the respondent and keeping in view the fact that matter has since been amicably settled between the parties, the instant appeal is disposed of in terms of compromise deed (Annexure A-1). The decree passed by Ist Appellate Court is set aside. Parties will remain bound by the terms of compromise (Annexure A-1).

March 26, 2018 ( SURINDER GUPTA) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No Jitender Kumar 2018.03.26 16:37 I attest to the accuracy and integrity of this document Chandigarh