Hello Dhawan & ORS. v. Dev Samaj Society Regd. Etc.

IN THE HIGH COURT O F PUNJAB AND HARYANA AT CHANDIGARH

RSA-3311-2014 (O&M) Date of Decision : 27.09.2024 Hello Dhawan and Others ....Appellants

VERSUS

Dev Samaj Society (Regd.) and Others.

....Respondents 233-1 RSA-3413-2014 (O&M) Municipal Corporation, Ambala City ....Appellant

VERSUS

Dev Samaj Society (Regd.) and Others.

....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Amit Jain, Senior Advocate with Mr. Varun Parkash, Advocate for the appellants in RSA-3311-2014.

Ms. Nandini Gupta, Advocate for Mr. Abhilaksh Grover, Advocate for respondent No.1 in both the appeals.

Mr. Naveen S. Bhardwaj, Advocate for the appellant in RSA-3413-2014 and for respondent No.2 in RSA-3311-2014.

ALKA SARIN, J. (Oral) CM-4035-C-2024 in RSA-3311-2014 This is an application for disposing off the main appeal (RSA3311-2014) in view of the compromise arrived at between the parties.

RSA-3311-2014 -2Pursuant to the order dated 29.08.2024, report of the Mediator has been received as per which the parties in RSA-3311-2014 have amicably settled the matter and settlement/agreement dated 18.09.2024 between the parties, duly signed by them, has been drawn. As a matter of fact against the impugned judgment and decree dated 19.03.2014 passed by the First Appellate Court, two appeals being RSA-3311-2014 and RSA-3413-2014 have been filed - one by defendantappellants i.e. Hello Dhawan and others; and the other by defendantMunicipal Corporation, Ambala City; impugning the decree of possession as regards the suit land passed in favour of plaintiff-respondent No.1 - Dev Samaj Society herein. In view of the compromise between the plaintiffrespondent No.1 and the defendant-appellants in RSA-3311-2014, both the above said appeals are taken on Board today itself. CM stands disposed off.

RSA-3311-2014 (O&M) Since the parties have settled the matter in dispute amicably before the Mediation and Conciliation Centre of this Court vide settlement/agreement dated 18.09.2024, duly signed by them, learned counsel for the appellants and respondent No.1 state that as per the said settlement/agreement dated 18.09.2024 the present appeal is to be withdrawn and respondent No.1 herein would not pursue the execution application. In view of the above, the present appeal is dismissed as withdrawn as per the settlement/agreement dated 18.09.2024 entered into between the parties. The parties shall remain bound by the terms of the

RSA-3311-2014 -3settlement/agreement ibid. Pending applications, if any, also stand disposed off.

RSA-3413-2014 (O&M) In view of the settlement/agreement dated 18.09.2024 arrived at between the parties in RSA-3311-2014, the present appeal has since been rendered infructuous and the same is disposed off as such. However, the appellant, Municipal Corporation, Ambala City, would be at liberty to avail the remedies in accordance with law in case any grievance still subsists. Pending applications, if any, also stand disposed off. ( ALKA SARIN ) 27.09.2024 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO