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High Court of Punjab and HaryanaRSA/4402/2016allowed

Jaswinder Singh v. Tarsem Singh & ORS

2017-05-16Mr Justice Rajiv Sharma2 pages

Regular Second Appeal No.4402 of 2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

(1) Regular Second Appeal No.4402 of 2016 (O&M) Date of decision: 16.05.2017 Jaswinder Singh ..Appellant

Versus

Tarsem Singh and others ..Respondents

(2) Regular Second Appeal No.4403 of 2016 (O&M) Jaswinder Singh ...Appellant

Versus

Bant Singh @ Banta Singh and others

...Respondents

CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Aakash Singla, Advocate, for the appellant.

Mr. Abhinav Jain, Advocate, for Mr. N.S.Wahniwal, Advocate, for caveator-respondent No.4 (in RSA No.4402 of 2016) & for respondent no.1 (in RSA No.4403 of 2016) ANITA CHAUDHRY, J.

The parties have arrived at a compromise. The appellant had placed on record a signed copy of the compromise. The photostat copy is available in the connected appeal and is marked as Ex.C1.Both the counsel state that the appeal may be disposed of on the basis of a compromise. Counsel for the appellant states that a suit had been filed by the appellant for specific performance of the agreement, which was decreed but Naresh Kumar 2017.05.19 14:06 I attest to the accuracy and integrity of this document Chandigarh

Regular Second Appeal No.4402 of 2016 (O&M) -2in appeal the order was reversed. Counsel says that two separate appeals have been filed before the first appellate Court, therefore, these are two appeals against the same judgment and decree of the court below. Counsel for the appellant submits that on the last date, the Court was informed that there was one matter, which was not withdrawn and he is placing on record the order dated 07.04.2017 to show that the other case has been withdrawn. Counsel further says that as per the agreement the decree passed by the lower Court would be binding on both sides and the decree of the trial Court is to be restored. The other side has no objection. In view of the compromise Ex.C1, the judgment and decree of the trial Court is restored. The appeal is allowed in terms of the compromise Ex.C1. Both the parties shall be bound by the compromise, dated 10.04.2016.

May 16, 2017 (ANITA CHAUDHRY) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2017.05.19 14:06 I attest to the accuracy and integrity of this document Chandigarh