Rakesh Kumar v. Jeewan Kumar



IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

RSA 1802 of 2017 (O&M) Date of Decision: March 4, 2020 Rakesh Kumar 0..Petitioner Vs.

Jeewan Kumar ..Respondent

CORAM:

HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU.

7.7 Present:7 Mr. Abhinav Sood, Advocate for Mr. Vikram Singh, Advocate for the appellant along with petitioner Rakesh Kumar.

Mr. Jeewan Kumar, respondent in person.

7.7
  

 Present appeal has been filed under Section 100 CPC against the impugned judgments and decrees passed by both the Courts below, whereby the suit for mandatory injunction, filed by the plaintiff/ respondent was decreed.

This Court on 20.01.2020, passed the following order:7


          

                                                 

   

  

     

 

 

   

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  % Today, learned counsel for the appellant has apprised that the matter has been compromised between the parties and both

 are present in person before this Court, duly identified by him. A report dated 14.02.2020 has been received from the Mediator and the relevant part of the same reads as under:7 #&           '        (      )* +   '             (   '

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    % It is agreed between the parties that first party shall remove the machinery/ parts of machinery adjoining the common wall between his floor mill as well as residential house of the second party

 and no party thereof shall be touching the common wall. Also agreed that the first party shall take due care regarding noise pollution as well as vibration. Even before this Court also, both sides acknowledged that there is no grievance left against each other and they will live with peace and harmony.

In view of the agreed stand taken by both sides and the fact that the matter has been amicably settled between the parties, the present petition is disposed off, as such on the basis of settlement arrived at between them.

It is clarified that the appellant as well as the respondent shall be bound by the terms and conditions of the settlement entered into between the parties referred above. In case there is breach of any condition (s), by either of the parties, necessary legal consequences shall follow.

March 04 , 2020 (MAHABIR SINGH SINDHU) sanjay JUDGE Whether speaking/ reasoned:

Yes/ No.

Whether Reportable:

Yes/No.