R.S.A. No.2741 of 2003 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Misc. No. 7377-C of 2009, Civil Misc. No. 6757-C of 2009 and R.S.A. No.2741 of 2003 Date of decision: 9.07.2009 Sumandeep Singh and others ......Appellants Versus Jaswinder Singh ......Respondent Before: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Gaurav Chopra, Advocate for the applicants-appellants. RAJIVE BHALLA, J. Civil Misc. No. 7377-C of 2009 Allowed as prayed for. Affidavits of Gurtej Singh, Gurmail Singh, Tejinder Singh, Baldev Singh, Jasmail Kaur, Parminder Singh are taken on record. Civil Misc. No. 6757-C of 2009 Prayer in this application filed under Order 23 Rule 3 of the Code of Civil Procedure is for disposal of the appeal in terms of the compromise deed dated 22.05.2009. R.S.A. No.2741 of 2003 2 The applicant-appellants have impugned the judgment and decree dated 24.12.2002, passed by the Additional District Judge, Faridkot, decreeing the suit filed by the plaintiff- respondents and as a consequence, setting aside the judgment and decree dated 23.12.1995, passed by the Civil Judge(Junior Division) Faridkot. It is prayed that during the pendency of this appeal, parties to the suit have arrived at a compromise which has been reduced into the compromise deed(Annexure A-1) duly signed and acknowledged by all the parties. It is further prayed that in view of the settlement between the parties, the appeal be disposed of in terms of the compromise. The applicant-appellants Suman Deep Singh, Harvinder Singh sons of Late Shri Sukhdev Singh son of Harpal Singh and Sukhjinder Kaur daughter of Late Shri Sukhdev Singh son of Harpal Singh and the respondents Jaswinder Singh, Gurjit Singh and Parminder Singh alias Karminder Singh sons of Balwinder Singh are present in court and have recorded separate statements accepting the compromise deed and acknowledging their signatures therein. It would be necessary to mention here that Gurtej Singh, Gurmail Singh, Tejinder Singh, Baldev Singh, Jasmail Kaur and Parminder Singh alias Karminder Singh have filed affidavits, deposing therein, that they have no interest in the suit property and have no objection, in case the appeal is disposed of in terms of the compromise dated 22.05.2009. Counsel for the applicant-appellants states that in view R.S.A. No.2741 of 2003 3 of the written compromise between the parties, duly acknowledged and accepted in their separate statements and the affidavits, the application be allowed, the appeal be taken up for disposal and disposed of in terms of the compromise. I have heard counsel for the applicant-appellant, perused the compromise deed dated 22.05.2009, the statements made by Sukhjinder Kaur, Harvinder Singh, Sumandeep Singh, Parminder Singh alias Karminder Singh, Gurjit Singh, Jaswinder Singh and the affidavits filed by Gurtej Singh, Gurmail Singh, Tejinder Singh, Baldev Singh, Jasmail Kaur, Parminder Singh alias Karminder Singh and find no reason to doubt the bonafides of the parties in arriving at a settlement duly reflected in the compromise deed dated 22.05.2009. On the request of counsel for the parties, the appeal is taken up for final decision along with the application. The essential terms of the compromise deed read as follows” “That now with the intervention of the near friends, and relatives of both the parties, a compromise has been arrived at between the parties to the effect that as actually Veer Singh during his life time had agreed to sell his land measuring 34 kanals 14 marlas with Sukhdev Singh, Balbir Kaur, Sumandeep Singh and Harvinder Singh(latter two party of the first part) and had rightly got executed and registered the R.S.A. No.2741 of 2003 4 sale deed dated 26.12.1988 in their favour and the Court has also rightly decided the case in favour of the vendees of the land. Now as per terms and conditions of the compromise the party of the second part shall admit the version of the party of the first part before the Hon'ble High Court in Regular Civil Appeal No. 2741 of 2003 regarding execution of the sale deed dated 26.12.1988 in favour of Sukhdev Singh etc. vendees of land measuring 24 kanals 0 marla by way of accepting the appeal in compromise and in lieu thereof the party of the first part as good gesture would give back land measuring 10 kanals 14 marlas to party of the second part, which is already in possession of party of the second part, but the party of the second party shall have to pay an amount of Rs.5,70,000/- to the party of the first part. The party of the first part is already in possession of 24 kanals 0 marla of land in view of the sale deed duly executed by Veer Singh in favour of Sukhdev Singh etc. That the party of the first part shall execute sale deed in favour of party of the second part regarding land measuring 10 kanals 14 marlas of land by receiving the entire amount of Rs.5,70,000/- and it is a condition of the R.S.A. No.2741 of 2003 5 compromise that the party of the second party will first make a statement before the Hon'ble High Court pleading no objection to the acceptance of Civil Appeal No. 2741 of 2003 in favour of the party of the first part. That the parties would make statements in favour of each other where ever required for the purposes of sanctioning of mutations etc., regarding the property in dispute. The parties of the first part and second part have entered into the instant compromise deed out of their own free will and consent without any duress or coercion.” In view of the bonafide compromise between the parties, the application is allowed, the parties are permitted to compromise the matter and the appeal is allowed in terms of the compromise. As a consequence the judgment and decree passed by the Additional District Judge, Faridkot, dated 24.12.2002, is set aside and the judgment and decree passed by the trial court is modified in terms of the compromise. The terms and conditions of the compromise shall constitute a part of the decree. Parties shall be bound by the terms and conditions of the compromise and their respective statements recorded before this Court. A decree sheet be drawn up accordingly, incorporating the terms and conditions of the compromise. The R.S.A. No.2741 of 2003 6 application and appeal stands disposed of accordingly with no order as to costs. [RAJIVE BHALLA] JUDGE 9th July, 2009 SKaushik