Deepa Partap Dass & ORS v. Savita Dass & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: July 17, 2015 Deepa Partap Dass and others ...Appellants

Versus

Smt. Savita Dass and another

...Respondents

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Ms. Promila Nain, Advocate, for the appellants.

Mr. Shailendra Sharma, Advocate, for respondent No. 1.

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?

NARESH KUMAR SANGHI, J (Oral) CM-5061-C-2014 and CM-5060-C-2014 These civil miscellaneous applications pray for condonation of delay of 92 days in filing and 35 days delay in refiling the appeal. After hearing learned counsel for the parties and going through the contents of the applications, which are duly supported by separate affidavits, delay of 92 days in filing and 35 days delay

in re-filing the appeal, are hereby condoned. Civil miscellaneous applications are disposed of. CM-7836-C-2015:

Prayer in this civil miscellaneous application is for placing on record compromise deed (Annexure A-1), dated 10.7.2015, alongwith the site plan duly signed by both the parties and for disposal of the appeal in terms of the said compromise.

After hearing learned counsel for the parties and going through the contents of the application, which is duly supported by an affidavit, compromise deed (Annexure A-1), dated 10.7.2015, alongwith the site plan annexed therewith, is taken on record subject to all just exceptions. Civil miscellaneous application stands disposed of. RSA-2074-2014:

Learned counsel for the appellants submits that in view of the terms and conditions of the compromise deed (Annexure A-1), the present appeal may be disposed of. Learned counsel for respondent No. 1 submits that he has no objection to the above prayer.

Both the learned counsel are ad idem that the parties to the lis, who have handed down the compromise deed

(Annexure A-1), dated 10.7.2015, shall remain bound by its terms and conditions. They further submit that the compromise deed (Annexure A-1), dated 10.7.2015, and the site plan annexed therewith, may be made part and parcel of this order. In view of above submissions made by learned counsel for the parties, this appeal is disposed of as per the terms and conditions mentioned in the compromise deed (Annexure A-1), dated 10.7.2015, and the site plan annexed therewith, and the same be read as part of this order as well as of the decree passed by the learned Court below. (NARESH KUMAR SANGHI) JUDGE July 17, 2015 Pkapoor