Lehna v. Darshna & ORS

RSA-189-2014(2 appeals) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

(1) Regular Second Appeal No.189 of 2014 (O&M) Date of Decision: April 02, 2019.

Lehna ..........APPELLANT(s).

VERSUS

Darshna and others ........RESPONDENT(s).

(2) Regular Second Appeal No.1808 of 2014 (O&M) Smt. Roshni ..........APPELLANT(s).

VERSUS

Smt. Darshna and others ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Roopak Bansal, Advocate for the appellant in RSA-189-2014 and for respondent No.4 in RSA-1808-2014.

Mr. Parminder Singh, Advocate for the appellant in RSA-1808-2014 and for respondent No.6 in RSA-189-2014.

Mr. Vikram Singh, Advocate for respondents No.1 to 3 in both the appeals. ******* SURINDER GUPTA, J.

CM-2318-C-2019 This is application for placing on record reply to application and affidavit Annexure R-1 on behalf of Lehna, respondent No.4. The same are taken on record subject to all just exceptions. Application stands disposed of accordingly.

SACHIN MEHTA 2019.04.04 09:45 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

RSA-189-2014(2 appeals) -2CM-17206-C-2018 Learned counsel for the appellant in RSA-1808-2014 submits that the matter has since been amicably settled vide compromise deed (Annexure C-1) and under the settlement, plaintiffs namely Darshna daughter of Smt. Chhotti alias Chhoto, Suresh son of Baldeva and Neelam wife of Balwan and daughter of Baldeva have agreed to withdraw their suit. In view of this settlement, the appeal be accepted and the judgment and decree passed by the trial Court dismissing the suit, be restored and permission be allowed to plaintiffs to withdraw the suit. Learned counsel appearing for plaintiffs-respondents No.1 to 3 submits that he has instructions to state that under the compromise as submitted by learned counsel for the appellant, plaintiffs-respondents No.1 to 3 be permitted to withdraw their suit.

In view of submission of learned counsel for plaintiffsrespondents No.1 to 3 and compromise deed (Annexure C-1) in between the parties, the application is allowed.

RSA Nos.189 and 1808 of 2014 Consequently, both the aforementioned appeals (RSA No.189 of 2014 and 1808 of 2014) are accepted. Judgment and decree passed by the first Appellate Court is set aside and the suit of the plaintiffs is ordered to be dismissed as withdrawn.

( SURINDER GUPTA ) April 02, 2019.

JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SACHIN MEHTA 2019.04.04 09:45 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH