RSA No. 1555 of 2006(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. NO.3239-C of 2009 in/and RSA No. 1555 of 2006 Decided on : 17-03-2009 Parkash Kaur ....Appellant VERSUS Manjit Kaur ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. K.V.Singh, Advocate for the appellant. Mr. Ashish Gupta, Advocate for the respondent MAHESH GROVER, J This application has been moved by the appellant and not opposed by the respondent to dispose of the appeal in terms of the compromise which is attached as Annexure P-4. According to the terms of the compromise, appellant Parkash Kaur wife of Late Karam Singh, has been described as party no.1, respondent Manjit Kaur as party no.2, and Sunita Rani, who is daughter-in-law of Parkash Kaur, although not a party to the suit and the appeal, has been described as party no.3 to the settlement. According to the terms of the settlement, the parties have agreed to abide by the following acts:- (i)That party no.2 have agreed to relinquish her 1/3rd share in Kothi No. 136, Sector 8, Chandigarh in favour of party no.3, Sector 1 and in lieu thereof party no.3 have agreed to transfer SCF No. 1, Sector 1, at Parwanoo (Himachal Pradesh), in RSA No. 1555 of 2006(O&M) 2 favour of party no.2 with all right title or interest therein. Accordingly, by this compromise party No.1 and 3 2 will be exclusive owner in possession of Kothi No. 136, Sector 8, Chandigarh and party No.2 shall have no right, title or interest therein. Similarly, party no.2 shall be the exclusive owner with all possessory rights of SCF No. 1, Sector 1, at Parwanoo (Himachal Pradesh) and Party no.3 will have no right, title or interest in the SCF No.1, Sector 1, at Parwanoo (Himachal Pradesh). (ii)That party no.1 will also give Demand Draft of Rs.1 lac to party No.2 before Hon'ble Court. (iii)That it will be the responsibility of party No.3 to get the SCF No.1, Sector 1 at Parwanoo (Himachal Pradesh) transferred in favour of party no.2 and party no.3 will take all necessary steps in this regard and party no.3 will bear all expenses in getting the said property transferred in favour of party No.2. In case of any defect in title or any legal complication arises in future with respect to ownership of SCF No.1, Sector 1 at Parwanooo (Himachal Pradesh), Part no.3 will be responsible for the same and will indemnify the party no.2 in that regard. (iv)That parties to the litigation shall withdraw their respective cases filed by them, which are pending adjudication in different courts of law, with immediate effect and none of the parties shall pursue any case in any Court of law against each other in future and all litigation pending in the Court will be RSA No. 1555 of 2006(O&M) 3 deemed to have been withdrawn with immediate effect and the party no.2 shall never claim her right in H.No. 136, Sector 8-A, Chandigarh being the legal heir of late Sh. Karam Singh. (v)That the parties to the compromise deed/ settlement undertake to adhere to the terms of this compromise and any violation of the terms of compromise by any of the party would make that partly liable for contempt of court and liable for criminal offence/civil liability as per law. All persons aforesaid are present in Court and have been duly identified by their respective counsel. Sunita Rani has also been identified by counsel for the appellant. Their statements have been recorded separately. Accordingly, the present application is allowed and in view of this, the appeal is taken up today and the same stands disposed of in the aforesaid terms. March 17 , 2009 (Mahesh Grover) rekha Judge