Bachan Singh Etc. v. F.C.(Appeals) Punjab Etc.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

RA-CW-185-2017 in CWP-12889-1998 Date of decision : August 08, 2018 Bachan Singh etc.

... Applicants/Petitioners

VERSUS

F.C. (Aappeals) Punjab etc.

... Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. C.M. Munjal, Advocate for applicants-petitiones.

Mr. Amitoj Singh Dhaliwal, DAG, Punjab.

Mr. Amit Jain, Advocate for respondent no.3.

SURINDER GUPTA, J.(Oral) This is application seeking review of the order dated 23.5.2016 passed by this Court.

After detailed parleys with active assistance of learned counsel, the parties have amicably settled the dispute. Learned counsel for review petitioner and learned counsel for respondent-Decree Holder state that parties have agreed for partition of land as per decree to separate 1/3rd share of decree holder as shown in site plan which has been placed on file and marked as "CA-1". The land as shown in this plan is partitioned in the following manner :- (i) In piece of land marked as block-A, decree holder will get 6 kanals of land shown as blue and marked with letter "X".

(ii) In block-B, decree holder will get 12 kanals 12 marlas of land shown as blue and marked with letter "Y" (iii) In block-C, decree holder will get 34 kanals 13 marlas of land shown as blue and marked with letter "Z". Deepak Kumar 2018.08.13 10:51 I attest to the accuracy and integrity of this document

RA-CW-185-2017 in CWP-12889-1998 -2Learned counsel for parties submit that separated portion has been shown with blue lines tentatively by giving measurement, however, the actual measurement will take place at the spot and the decree holder will be given 53 kanals 5 marlas of land at the spot in all the three blocks as per settlement. The Revenue Authorities will incorporate the mutation as per above settlement between the parties and possession will be delivered to the decree holder accordingly within four weeks from today. Tehsildar Kharar will go to the spot along with other revenue officials and deliver possession as per above settlement between the parties and ensure that revenue entries are corrected accordingly.

The crop standing over the land will be allowed to be harvested by the judgment debtor and decree holder will not create any problem in harvesting the crop. However, after harvesting the crop, decree holder will be entitled to cultivate the land. In view of the above, review application stands disposed of without any change or amendment in judgment dated 23.5.2016 and parties shall remain bound by the above settlement.

(SURINDER GUPTA) August 08, 2018 JUDGE deepak Whether speaking/reasoned Yes/No Whether reportable Yes/No Deepak Kumar 2018.08.13 10:51 I attest to the accuracy and integrity of this document