RSA No.3678 of 2001 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.9231-C of 2006 in/and RSA No.3678 of 2001 Date of decision : 10-2-2009 Rakesh Kumar and Others .... Appellants VERSUS Dev Parkash and Others ....Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Mr. Amarjit Markan, Advocate, for appellants No.1 and 2. Mr. Amit Arora, Advocate, for Mr. Pritam Saini, Advocate, for appellant No.3. Mr. Jai Bhagwan, Advocate, for respondents No.7 and 8. RAKESH KUMAR GARG J. This is an application u/o 23 Rule 3 read with Section 151 CPC for permission to place on record the memo of family settlement by way of compromise, with a further prayer to dispose of the appeal as per the aforesaid compromise. In this application, it is averred that during the pendency of this appeal, a compromise has been arrived at by way of family settlement between the original owners i.e. Dev Parkash, Vidya Sagar and Ved Parkash, sons of Sohan Lal in whose name the property is recorded in the revenue record. According to this compromise, share of all the parties have been partitioned and the parties to the suit have actually accepted the said partition who are sons and wives of the original owners and there remains no dispute and the appeal be disposed of in terms of family settlement/compromise dated 6-9-2006 Annexure P-1 attached with this application. Vidya Sagar, s/o Sohan Lal and Janinder Kumar, s/o Ved Parkash and Adarh Vir, s/o Dev Parkash are also present in the Court. RSA No.3678 of 2001 (O&M) -2- Statement of Vidya Sagar, Janinder Kumar and Adarsh Vir are also recorded separately. Janinder Kumar has also filed an affidavit dated 5-2-2008 of his father Ved Parkash in which Ved Parkash has stated that he has no objection if the appeal is disposed of in terms of family settlement dated 6-9-2006. Sh. Vidya Sagar has also stated in his statement that the parties have compromised and the appeal be disposed of in terms of family settlement dated 6-9-2006. Sh. Adarsh Vir has also stated that he signed the settlement dated 6-9-2006 as GPA of Dev Parkash and he has no objection if the appeal is decided in terms of aforesaid compromise. Sh. Amarjit Markan, learned counsel appearing on behalf of appellant Nos.1 and 2 i.e. LRs of Dev Parkash have also stated at the Bar that his party has no objection if the appeal is disposed of in terms of compromise dated 6-9-2006. Affidavits of the appellants No.1 & 2 accepting the compromise dated 6-9-2006 are already on record of appeal. This application is allowed. Family settlement/compromise dated 6-9-2006 is taken on record as Mark CX. Statement of Vidya Sagar, Janinder Kumar and Adarsh Vir have been taken on record as Mark CX/1, CX/2 and CX/3 respectively and affidavit of Ved Parkash is also taken on record as Mark CX/4. Keeping in view the compromise Mark CX, statements of Sh. Vidya Sagar Mark CX/1, Janinder Kumar Mark CX/2 and Adarsh Vir Mark CX/3 respectively and the affidavit of Sh. Ved Parkash Mark CX/4 and the statement made at the Bar by the learned counsel for the appellants, this appeal is disposed of in terms of compromise dated 6-9-2006 (Mark CX). The parties shall be bound by the settlement. Compromise Mark CX and the statements made before this Court i.e. Mark CX/1, Mark CX/2, Mark CX/3 and the affidavit Mark CX/4 RSA No.3678 of 2001 (O&M) -3- and the statements at the Bar by the learned counsel for the appellants, Mark CX, CX/1 to Mark CX/4 shall be a part of this judgment and decree. Disposed of. (RAKESH KUMAR GARG) 10-2-2009 JUDGE manju