Gurudwara Sikhan v. Municipal Corporation Yamunanagar Jagadhri And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CM No. 3906-CI of 2022 in/and RFA No. 3904 of 2017 (O&M) Date of Decision: 16.01.2023 Gurudwara Sikhan .......... Applicant/Appellant

Versus

Municipal Corporation, Yamunangar-Jagadhri and others .......... Respondents CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. S.S. Dinarpur, Advocate for the applicant-appellant.

Mr. Hardeep Singh Poonia, Advocate for Mr. Rajesh K. Sheoran, Advocate for respondent No. 1.

Mr. Shivendra Swaroop, Assistant Advocate General, Haryana for respondent Nos. 2 to 4.

**** MAHABIR SINGH SINDHU, J.

1.

Present appeal has been filed for modification of the Award dated 20.03.2017 passed by learned Additional District Judge, Yamuna Nagar at Jagadhri, whereby appellant-petitioner was allowed to receive 65% of the total compensation with regard to the acquired land, while remaining 35% was ordered to be paid to respondent No. 1 (Municipal Corporation, Yamuna Nagar).

2.

Upon notice, main appeal stood admitted vide order dated 08.10.2018.

3.

Now, an application bearing CM No. 3906-CI of 2022 (duly supported by the affidavit dated 20.12.2022 of Nikka Singh) has been filed on behalf of applicant-appellant, seeking withdrawal of the present appeal. DINESH KUMAR 2023.01.17 17:17 I attest to the accuracy and authenticity of this document

CM No. 3906-CI of 2022 in/and RFA No. 3904 of 2017 (O&M) -24.

It is averred in the application that appellant through its Managing Committee has passed a Resolution dated 20.12.2022 for withdrawal of present appeal as the appellant does not want to pursue any further. The above resolution is annexed with the application. 5.

Notice of the aforesaid application.

6.

Learned counsel for non-applicant(s)/respondent(s) accept notice of application and submit that they have no objection, if the present application is allowed and main case is ordered to be dismissed as withdrawn.

7.

In view of above and contents of the aforesaid application, same is allowed; and main appeal is dismissed as withdrawn. 8.

Pending miscellaneous application(s), if any, shall also stand disposed off.

January 16, 2023 ( MAHABIR SINGH SINDHU ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2023.01.17 17:17 I attest to the accuracy and authenticity of this document