Nirmla Devi Etc. v. Pawan Kumar Etc.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

Date of Decision: February 28, 2020 1.

RSA 1636 of 2013 (O&M)
Nirmla Devi etc.

1..Appellants Vs.

Pawan Kumar etc.

..Respondents 2.

RSA 1644 of 2013 (O&M) Nirmla Devi etc.

1..Appellants Vs.

Pawan Kumar etc.

..Respondents

CORAM:

HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU.

:.:

Present::

Mr.Pawan Kumar, Advocate for Mr. Nitin Thatai, Advocate for the appellants. Mr.Rajan Bhargava, Advocate for Mr. Vishal Aggarwal, Advocate for the respondents. :.:


    

 Application for exemption from filing certified copies of annexures A:1 to A:4 and to file true typed and translated copies thereof, is allowed as prayed for, subject to all just exceptions.  

 

 This is an application for impleading the LRs of appellants No.1 and 2.

Notice of the application to counsel opposite.

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Mr. Rajan Bhargava, Advocate, who is present in Court, accepts notice. Copy given.

For the reasons mentioned in the application which is supported by an affidavit of one of the LRs of appellant No.1, the same is allowed. Legal representatives of appellants No.1 and 2 as mentioned in para 2 of the application are ordered to be impleaded as LRs of appellants No.1 and 2, to pursue the present appeal only. Amended memo of parties is permitted to be taken on record.

Registry to do the needful.

This order will dispose off two appeals bearing RSA No.1636 and 1644 of 2013, but the facts are being taken from RSA No.1636 of 2013.

Present appeals have been filed under Section 100 CPC for setting aside the impugned judgment and decree dated 29.11.2012 passed by Additional District Judge, Ludhiana, whereby the order 23.07.2011 passed by learned Civil Judge (Junior Division), Ludhiana, decreeing the suit of the plaintiffs: respondents was affirmed.

This Court, on 06.05.2019, passed the following order::


       

      

             

      



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      $% In terms of the above order, parties appeared before the Mediator and the matter has been amicably settled. Report of the Mediator is received and relevant part of the same reads as under::
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./(1  35.6(,7% As per condition No. (iii) of para 6, first party i.e. the appellants were under obligation to pay an amount of Rs.5 lacs to the respondents/ plaintiffs and this fact is acknowledged by both sides that said amount has already been paid. Also jointly stated that no grievance is left against each other. Consequently, learned counsel appearing for both sides have agreed to dispose off the present appeals in terms of the compromise entered into between the parties.

Since the matter has been amicably settled, therefore, both the appeals are disposed off in terms of the settlement referred above.

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It is clarified that both sides will abide by the terms and conditions of the settlement and, in case there is any breach, necessary legal consequences shall follow.

Ordered accordingly.

February 28, 2020 (MAHABIR SINGH SINDHU) sanjay JUDGE Whether speaking/ reasoned:

Yes/ No.

Whether Reportable:

Yes/No.