Present:- Mr. Premit Kalia Advocate Vs. Baldev Singh and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1070047
CourtPunjab and Haryana High Court
Decided OnJul-10-2013
AppellantPresent:- Mr. Premit Kalia Advocate
RespondentBaldev Singh and Others
Excerpt:
c.m.no.6147-c of 2013 in/and 1 rs.no.1973 of 1997 (o&m) in the high court of punjab and haryana at chandigarh c.m.no.6147-c of 2013 in/and rs.no.1973 of 1997 (o&m) date of decision:10.07.2013 nahar singh ....applicant/appellant versus baldev singh & others ....respondents coram:- hon'ble mr.justice rakesh kumar garg present:- mr.premit kalia, advocate for the applicant/ appellant. mr.malkeet singh, advocate for the respondents. rakesh kumar garg, j (oral) vide judgment dated 29th january, 1996 suit for declaration was decreed to the effect that plaintiff-nahar is sole owner of land measuring 44 kanals 12 marlas as detailed in the head note of the plaint, with consequential relief restraining the defendants i.e.baldev singh, sukhdev singh sons of pal singh and gurbinder singh and baljinder singh sons of geja singh, from interfering in his peaceful possession of the suit property. against the aforesaid judgment and decree of the trial court, appeal was filed only by baldev singh and gurbinder singh- defendants, which was allowed and suit of plaintiff-nahar singh was dismissed. c.m.no.6147-c of 2013 in/and 2 rs.no.1973 of 1997 (o&m) the instant appeal has been filed at the instance of the plaintiff-nahar singh and is pending in this court, after admission. the instant application i.e.c.m.no.6147-c of 2013 has been filed under order 23 rule 3 c.p.c for disposing of the appeal, as per the compromise (annexure c-1) reached between the parties. the application is supported by an affidavit of nahar singh-plaintiff. the original compromise (annexure c-1) has also been placed on record of the case along with the application. parties are present in the court except baljinder singh- defendant. however, gurbinder singh is claiming to be attorney of his brother baljinder singh. parties are duly identified by their counsels. both the parties through their counsels have stated that the instant appeal be disposed of in terms of said compromise and compromise (annexure c-1) has been accepted to be true. the compromise has also been countersigned by the counsel of the parties. keeping in view the submissions made, main case is taken on board and the appeal is disposed of, in terms of compromise (annexure c-1) dated 22.5.2013 which has been placed on record and has been accepted by both the parties. parties shall be bound by the compromise. the compromise shall be a part of the judgment and decree of this court. c.m.no.6147-c of 2013 in/and 3 rs.no.1973 of 1997 (o&m) let the decree be drawn in terms of compromise. disposed of. july 10, 2013 (rakesh kumar garg) savita judge
Judgment:

C.M.No.6147-C of 2013 in/and 1 Rs.No.1973 of 1997 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M.No.6147-C of 2013 in/and Rs.No.1973 of 1997 (O&M) Date of decision:10.07.2013 Nahar Singh ....Applicant/Appellant Versus Baldev Singh & others ....Respondents CORAM:- HON'BLE Mr.JUSTICE RAKESH KUMAR GARG Present:- Mr.Premit Kalia, Advocate for the applicant/ appellant.

Mr.Malkeet Singh, Advocate for the respondents.

RAKESH KUMAR GARG, J (ORAL) Vide judgment dated 29th January, 1996 suit for declaration was decreed to the effect that plaintiff-Nahar is sole owner of land measuring 44 Kanals 12 Marlas as detailed in the head note of the plaint, with consequential relief restraining the defendants i.e.Baldev Singh, Sukhdev Singh sons of Pal Singh and Gurbinder Singh and Baljinder Singh sons of Geja Singh, from interfering in his peaceful possession of the suit property.

Against the aforesaid judgment and decree of the trial Court, appeal was filed only by Baldev Singh and Gurbinder Singh- defendants, which was allowed and suit of plaintiff-Nahar Singh was dismissed.

C.M.No.6147-C of 2013 in/and 2 Rs.No.1973 of 1997 (O&M) The instant appeal has been filed at the instance of the plaintiff-Nahar Singh and is pending in this Court, after admission.

The instant application i.e.C.M.No.6147-C of 2013 has been filed under Order 23 Rule 3 C.P.C for disposing of the appeal, as per the compromise (Annexure C-1) reached between the parties.

The application is supported by an affidavit of Nahar Singh-plaintiff.

The original compromise (Annexure C-1) has also been placed on record of the case along with the application.

Parties are present in the Court except Baljinder Singh- defendant.

However, Gurbinder Singh is claiming to be attorney of his brother Baljinder Singh.

Parties are duly identified by their counsels.

Both the parties through their counsels have stated that the instant appeal be disposed of in terms of said compromise and compromise (Annexure C-1) has been accepted to be true.

The compromise has also been countersigned by the counsel of the parties.

Keeping in view the submissions made, main case is taken on board and the appeal is disposed of, in terms of compromise (Annexure C-1) dated 22.5.2013 which has been placed on record and has been accepted by both the parties.

Parties shall be bound by the compromise.

The compromise shall be a part of the judgment and decree of this Court.

C.M.No.6147-C of 2013 in/and 3 Rs.No.1973 of 1997 (O&M) Let the decree be drawn in terms of compromise.

Disposed of.

July 10, 2013 (RAKESH KUMAR GARG) savita JUDGE