High Court of Punjab and HaryanaRSA/631/2009disposed of

Jaspal Singh v. Kuldip Singh And ORS.

2016-04-08Mr. Justice Rajesh Bhardwaj3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Regular Second Appeal No.631 of 2009 (O&M) Date of Decision: April 08, 2016.

Jaspal Singh ..........APPELLANT(s).

VERSUS

Kuldip Singh and others ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Hemant Bassi, Advocate for the appellant (s).

Mr. Shiv Kumar Goel, Advocate for respondents No.1 to 4.

Mr. Harjot Singh Bedi, Advocate for respondent No.5.

******* SURINDER GUPTA, J.

CM-4093-C-2016 This is application to implead legal heirs of Mohinder Singhrespondent No.5. As per applicants, Mohinder Singh died on 15.07.2012 leaving behind legal heirs as mentioned in para 2 of the application. Counsel for the appellant has no objection if the application is allowed, which is supported by death certificate of Mohinder Singh and affidavit of one of the applicants Gurwinder Singh. The application is allowed. Amended memo of parties is taken

-2on record.

CM-4252-C-2016 This is application to place on record settlement between the parties dated 26.03.2016. As per this settlement, appellant Jaspal Singh has relinquished his claim pertaining to the sale deed dated 19.04.1982 executed and registered in favour of Mohinder Singh (since deceased) now represented by his legal representatives. The deed of settlement is marked as 'X' and is taken on record.

It has also been agreed in the settlement marked as 'X' that Amrik Singh son of Rakha Singh will pay a sum of `2,50,000/- to appellant Jaspal Singh within four months.

In view of this settlement, the appeal filed by Jaspal Singh relating to sale deed dated 19.04.1982 is disposed of in terms of compromise marked as 'X'.

CM-3695-C-2016 This is an application for placing on record the settlement amongst appellant and respondents No.1 to 4. It is submitted that name of Surjit Singh is wrongly mentioned as Ajit Singh and name of Daljit Kaur is wrongly mentioned as Kamaljit Kaur in the plaint and memo of parties. Both have stated that their names are Surjit Singh and Daljit Kaur instead of Ajit Singh and Kamaljit Kaur and have also filed affidavits to this effect. As per this settlement, the dispute pertaining to the sale deed dated 12.02.1982 has been resolved between the parties amicably. The compromise is taken on record and marked as 'Y'.

-3The appeal is disposed of in terms of the settlement between the parties. The settlement deeds marked as 'X' and 'Y' will be read as part of this judgment.

( SURINDER GUPTA ) April 08, 2016.

JUDGE Sachin M.