Didar Singh v. Kehar Singh Through His Lrs Vishal And ORS.

[1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 1.

Regular Second Appeal No. 420 of 2015(O&M) Date of Decision: December 17 , 2018.

Didar Singh ...... APPELLANT(s)

Versus

Kehar Singh through LRs ...... RESPONDENT (s) 2.

Regular Second Appeal No.421 of 2015(O&M).

Didar Singh ...... APPELLANT (s)

Versus

Kehar Singh through LRs ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Saurabh Garg, Advocate for the appellant.

Mr. Chirag Kundu, Advocate for the respondents.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

Present appeals have been filed by the defendant (now represented by his legal representatives) against judgment and decree dated 08.01.2015 passed by the learned Additional District Judge, Kurukshetra whereby appeal

[2] filed by the plaintiff-respondent against judgment and decree dated 16.05.2012 passed by the learned Additional Civil Judge(Senior Division), Kurukshetra dismissing his suit for possession by way of specific performance of agreement to sell dated 22.12.2003 was allowed, while cross-objections filed by the present appellant challenging some of the findings of the learned trial court were dismissed.

CM No.2960-C of 2018 in RSA No.420 of 2015 and CM No.2975-C of 2018 in RSA No.421 of 2015 have been filed by the appellant for disposing of both the appeals in terms of the compromise between the parties. Learned counsel for the applicant/appellant submits that the matter has been amicably resolved between the parties during the pendency of these appeals. Applicant/appellant has paid `4,00,000/- towards full and final settlement of all claims of the respondent. Terms and conditions of the settlement were reduced into writing on 12.02.2018. Compromise deed dated 12.02.2018 is attached as Annexure-A with the applications. It is thus prayed that the present appeals be disposed of in terms of the compromise arrived at between the parties. Notice of the applications was issued to non-applicant/respondent. Learned counsel for non-applicant/respondent submits that he has received telephonic confirmation from the respondents about the compromise between the parties.

Keeping in view the above, both these appeals are disposed of in terms of the compromise arrived at between the parties. Needless to say that in case any of the facts mentioned above are factually incorrect, liberty is afforded to the respondent to move an appropriate application within one month from the

[3] date of receipt of certified copy of the order. ( LISA GILL ) December 17 , 2018.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No