Ranveer And ORS v. Hari

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DATE OF DECISION :- February 06, 2023 Ranveer and others ...Appellants

Versus

Hari

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Rajesh Lamba, Advocate for the applicant-appellants. Mr. M.S. Tewatia, Advocate for the respondent. *** CM-1075-C-2023 This is an application for preponement of the main case fixed for 3.3.2023.

Heard.

Allowed. The main case is taken up today for final hearing. CM-786-C-2023 This is an application for impleading legal heirs of appellant Satveer, who is said to have expired on 10.9.2020 leaving behind following legal heirs :- a.

Vinod aged 54 years son of Satveer, resident of village Dhatir, Tehsil and District Palwal, Haryana.

b.

Sudhir, aged 50 years son of Satveer, resident of village Dhatir, Tehsil and District Palwal, Haryana.

c.

Pardeep, aged 48 years son of Satveer, resident of village Dhatir, Tehsil and District Palwal, Haryana.

The application is not opposed. The same is allowed. The

amended memo of parties be taken on record.

CM-784-C-2023 This is an application for placing on record compromise dated 16.1.2023 entered into between the parties as Annexure A1. Learned counsel for respondents admits the factum of such compromise having taken place between the parties, therefore, let it be taken on record. The application is allowed.

RSA-4659-2013 Mr. Vinod Dagar and Sudhir Dagar, who are present in the Court have been identified by Sh. Rajesh Lamba, Advocate for the appellants and Mr. Padam Singh son of Hari and Bidan, widow of Hari (LRs of Hari) who are present in the Court have been identified by Mr. M.S. Tewatia, Advocate for the respondents.

Learned counsel appearing for the appellants states that after passing of the impugned judgment and decree by the trial Court as well as the First Appellate Court the parties have entered into an amicable settlement inasmuch as the appellants have agreed to purchase the suit property from respondents, who are ready to do so and the formal sale deed would be executed within a few days from today. Learned counsel for the respondents concedes this fact stating that in view of the settlement he has no objection if the impugned judgment and decree passed by District Judge, Palwal in Civil Appeal No. RBT/RCA-127 of 2012 titled 'Hari versus Ranveer and others' decided on 9.10.2013 is set aside. Under the circumstances, in view of the settlement between the parties and submissions made by learned counsel for the parties the

judgment and decree passed by District Judge, Palwal in Civil Appeal No. RBT/RCA-127 of 2012 titled 'Hari versus Ranveer and others' decided on 9.10.2013 vide which suit filed by Hari for grant of permanent injunction against defendants Ranveer and others was decreed setting aside the judgment and decree passed by the trial Court dismissing the appeal are hereby set aside. Resultantly the suit for grant of permanent injunction so filed by the plaintiff against defendants stands dismissed. It being so, the present appeal has become infructuous and is disposed of accordingly.

(H.S. MADAAN) JUDGE February 06, 2023 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No