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High Court of Punjab and HaryanaRSA/839/2014disposed of

Inderjeet v. Om Parkash & ORS

2015-10-19Mr. Justice Arun Monga2 pages

C.M.No.12878-C of 2015 in/and RSA No.839 of 2014 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C.M.No.12878-C of 2015 in/and RSA No.839 of 2014 (O&M) Date of decision: 19.10.2015 Inderjeet ... Appellant Vs.

Om Parkash @ Kasturi Lal and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Munish Kumar Garg, Advocate, for the applicant/appellant.

Mr. Abhinav Sood, Advocate for respondents No.1 and 2.

AMIT RAWAL J. (Oral) C.M.No.12878-C of 2015 Prayer in the present application is for pre-poning the present regular second appeal, for the reason that parties have effected a compromise and the appeal may be disposed of, in terms of the compromise.

In view of the aforementioned reasons, duly support by an affidavit, hearing of the appeal is pre-poned from 25.02.2016 to today.

Application is allowed, as prayed for.

The main appeal is taken on board for hearing today itself.

SAVITA DEVI KADIAN 2015.10.21 17:33 I attest to the accuracy and integrity of this document High Court Chandigarh

C.M.No.12878-C of 2015 in/and RSA No.839 of 2014 (O&M) RSA No.839 of 2014 (O&M) Learned counsel appearing on behalf of the appellant submits that parties have effected a compromise, vide compromise deed dated 25.08.2015 and copy of the vernacular and translated copy, have been annexed as Annexure A-1. He further submits that appeal may be disposed of, in terms of the aforesaid compromise and the same may be read as part of the order. Learned counsel appearing on behalf of respondents No.1 and 2 submits that though the compromise has been effected between the parties and he has no objection to the aforementioned statement made by learned counsel for the appellant. I have heard learned counsel for the parties and appraised the impugned judgments and decrees of the Courts below, as well as, compromise.

As per the compromise, certain rights have been accrued in favour of the parties, once the matter has been compromised, it would be futile exercise, if the appeal is pending adjudication. The appeal is disposed of, in terms of compromise. However, it is made clear that parties shall be bound by the terms and conditions of the compromise.

Decree sheet be prepared accordingly.

October 19, 2015 (AMIT RAWAL) savita JUDGE SAVITA DEVI KADIAN 2015.10.21 17:33 I attest to the accuracy and integrity of this document High Court Chandigarh