Sukhdev Singh Vs. Kuldeep Singh and anr - Court Judgment

Excerpt:
s.b. civil first appeal no.1039/2011 sukhdev singh vs. kuldeep singh & anr. & s.b. civil cross appeal no.2/2012 in sbcfa no.1039/2011 kuldeep singh & anr. vs. sukhdev singh decision dt:16. 08/2012 1/2 in the high court of judicature for rajasthan at jodhpur judgment (1) s.b. civil first appeal no.1039/2011 sukhdev singh vs. kuldeep singh & anr. & (2) s.b. civil cross appeal no.2/2012 in s.b. civil first appeal no.1039/2011 kuldeep singh & anr. vs. sukhdev singh date of judgment :::16. h august, 2012 present hon'ble dr. justice vineet kothari mr. hemant jain, for the appellant-defendant. mr. c.s. kotwani, for the respondents-plaintiffs. (cross-objectors) -- 1. the appellant-defendant has preferred this first appeal against the judgment and decree dated 22.11.2011 passed by learned additional district & sessions judge, srikaranpur in civil original suit no.07/2007- kuldeep singh & anr. vs. sukhdev singh, by which the suit filed by the plaintiffs for specific performance of of the agreement has been decreed. s.b. civil first appeal no.1039/2011 sukhdev singh vs. kuldeep singh & anr. & s.b. civil cross appeal no.2/2012 in sbcfa no.1039/2011 kuldeep singh & anr. vs. sukhdev singh decision dt:16. 08/2012 2/2 2. the plaintiffs-respondents have also filed cross-appeal assailing the finding given by the learned court below on issue no.4 in relation to possession, which finding is against the plaintiffs- respondents.3. an application (ia no.11679/12) has been filed jointly by the parties alleging therein that they have entered into a compromise and have settled their dispute out of court.4. learned counsels for the appellant-defendant and respondents-plaintiffs, therefore, submit that in view of compromise arrived at between the parties, the parties may be permitted to withdraw the present first appeal as well as cross appeal filed by the plaintiffs-respondents.5. ordered accordingly.6. the application (ia no.11679/12) filed by both the parties is accordingly disposed of. the present first appeal filed by the appellant-defendant being cfa no.1039/2011 is dismissed as withdrawn in view of compromise arrived at between the parties. the cross objection no.2/2012 filed by the respondents-plaintiffs is also dismissed as the parties have settled their dispute. (dr. vineet kothari), j.dj/- c-1

Judgment:
S.B. CIVIL FIRST APPEAL No.1039/2011 Sukhdev Singh Vs. Kuldeep Singh & Anr. & S.B. CIVIL CROSS APPEAL No.2/2012 in SBCFA No.1039/2011 Kuldeep Singh & Anr. Vs. Sukhdev Singh Decision dt:

16. 08/2012 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT (1) S.B. Civil First Appeal No.1039/2011 Sukhdev Singh Vs. Kuldeep Singh & Anr. & (2) S.B. Civil Cross Appeal No.2/2012 in S.B. Civil First Appeal No.1039/2011 Kuldeep Singh & Anr. Vs. Sukhdev Singh Date of Judgment :::

16. h August, 2012 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Hemant Jain, for the appellant-defendant. Mr. C.S. Kotwani, for the respondents-plaintiffs. (Cross-Objectors) -- 1. The appellant-defendant has preferred this first appeal against the judgment and decree dated 22.11.2011 passed by learned Additional District & Sessions Judge, Srikaranpur in Civil Original Suit No.07/2007- Kuldeep Singh & Anr. Vs. Sukhdev Singh, by which the suit filed by the plaintiffs for specific performance of of the agreement has been decreed. S.B. CIVIL FIRST APPEAL No.1039/2011 Sukhdev Singh Vs. Kuldeep Singh & Anr. & S.B. CIVIL CROSS APPEAL No.2/2012 in SBCFA No.1039/2011 Kuldeep Singh & Anr. Vs. Sukhdev Singh Decision dt:

16. 08/2012 2/2 2. The plaintiffs-respondents have also filed cross-appeal assailing the finding given by the learned court below on Issue No.4 in relation to possession, which finding is against the plaintiffs- respondents.

3. An application (IA No.11679/12) has been filed jointly by the parties alleging therein that they have entered into a compromise and have settled their dispute out of Court.

4. Learned counsels for the appellant-defendant and respondents-plaintiffs, therefore, submit that in view of compromise arrived at between the parties, the parties may be permitted to withdraw the present first appeal as well as cross appeal filed by the plaintiffs-respondents.

5. Ordered accordingly.

6. The application (IA No.11679/12) filed by both the parties is accordingly disposed of. The present first appeal filed by the appellant-defendant being CFA No.1039/2011 is dismissed as withdrawn in view of compromise arrived at between the parties. The Cross Objection No.2/2012 filed by the respondents-plaintiffs is also dismissed as the parties have settled their dispute. (DR. VINEET KOTHARI), J.

DJ/- C-1