Dharma Ram v. Sita Ram And Another

RSA No.3024 of 2012(O&M) [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Regular Second Appeal No. 3024 of 2012(O&M) Date of Decision: May 10 , 2019.

Dharma Ram ...... APPELLANT (s)

Versus

Sita Ram and another ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Rajiv Joshi, Advocate for the appellant.

Mr. Ramesh Sharma, Advocate for the respondents.

***** LISA GILL, J.

This appeal has been filed by the plaintiff challenging judgments and decrees dated 24.05.2010 and 16.02.2012 passed by the learned Additional Civil Judge (Senior Division), Phillaur and Additional District Judge, Jalandhar, respectively.

The parties were referred for mediation. The matter has been amicably resolved before the Mediation and Conciliation Centre of this Court. Settlement dated 12.03.2019 is attached with this file. The relevant terms and conditions of the settlement read as under:- "5.

The following settlement has been arrived at between the Parties hereto:

a) Both the parties have decided to settle their dispute amicably. OMKAR SINGH 2019.05.14 10:09 I attest to the accuracy and integrity of this document High Court, Chandigarh

RSA No.3024 of 2012(O&M) [2] It is agreed between the parties that they will get the land in dispute measured and shall divide the land in half amongst themselves. b) That both the parties have admitted the site plan (AnnexureA) attached with the present settlement deed to be correct and as per the said site plan the land shall be divided from the front which falls on the main street till the back which falls on the street adjoining Shaheedan Di Jagah.

c) Both the parties have agreed that the portion adjoining the house of Ram Lal s/o Maluk chand shall be given to Dharma Ram and the second party and his LRs or attorneys shall have no right in that portion and in the same manner it is agreed by the first party that the first party and his LRs and attorneys shall have no right in the other portion.

d) Both the parties have agreed that they will not make any further claim against each other."

Learned counsel for the parties further submit that necessary action shall be taken by the parties, for having the revenue record corrected, in terms of the compromise, within two months from the date of receipt of copy of this order. It is further submitted that the present appeal be disposed of in terms of settlement dated 12.03.2019 arrived at between the parties. Keeping in view the above, this appeal is disposed of in terms of settlement dated 12.03.2019, which needless to say, shall form part of the decreesheet. ( LISA GILL ) May 10 , 2019.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No OMKAR SINGH 2019.05.14 10:09 I attest to the accuracy and integrity of this document High Court, Chandigarh