RSA No.4941 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No.4941 of 2010 Date of Decision: 25 - 7 - 2011 Harmail Singh ....Appellant v. Gurmail Singh ....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.G.C.Shahpuri, Advocate for the appellant. Mr.H.N.S.Gill, Advocate for the respondent. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present Regular Second Appeal has been filed by the defendant to the suit. Plaintiff-respondent had instituted a suit for recovery of Rs.1,55,706/- along with interest @ 12½ % per annum. The trial Court decreed the suit for a sum of Rs.87,360/-. The plaintiff-respondent was further held entitled to interest @ 12% per annum from 30.9.2004 till the date of filing of the suit and @ 6% per annum from the date of filing of the suit till realisation. Aggrieved against the judgment of the trial Court, the defendant-appellant filed an appeal. The lower Appellate Court reduced the amount from Rs.87,360/- to Rs.76,360/-. However, there is no modification RSA No.4941 of 2010 [2] with regard to payment of interest. After hearing counsel for the appellant, this Court was not inclined to dislodge the concurrent findings of fact recorded by both the Courts below. At that stage, Mr.G.C.Shahpuri, counsel for the appellant submitted that the matter be taken up after lunch and he will obtain necessary instructions from the defendant-appellant for one time settlement. Now, Mr.G.C.Shahpuri, learned counsel appearing for the appellant has stated that he has got instructions from the defendant- appellant to settle the entire amount by making the payment of Rs.One lac. Mr.H.N.S.Gill, learned counsel appearing for the plaintiff-respondent has stated that due amount is Rs.1,50,000/-. The plaintiff-respondent who is present in Court has stated that he will agree for full and final settlement in case along with a sum of Rs.One lac, costs incurred by him are also paid. Therefore, he states that in case Rs.1,03,000/- is paid within three months, he will not pursue the execution proceedings and on payment of Rs.1,03,000/-, the decree shall be deemed to have been satisfied. Mr.Shahpuri has stated that he accepts the offer made by the plaintiff- respondent and Rs.1,03,000/- shall be deposited in the executing Court on or before 1.11.2011. Mr.Shahpuri has further stated that it be clarified that the amount which had been deducted from the salary of the defendant- appellant which was attached, be returned to him. In case, Rs.1,03,000/- are deposited in the executing Court on or before 1.11.2011 and the decree is satisfied as per settlement arrived at between the parties noted above, the amount which was deducted from the salary of the defendant-appellant and has been remitted to the executing Court, shall be refunded to him. In case amount as agreed, is not paid, RSA No.4941 of 2010 [3] within stipulated time, the impugned decree shall stand. The present appeal is disposed of in terms of the compromise arrived at between the parties. The Registry is directed to draw a decree to this effect. ( KANWALJIT SINGH AHLUWALIA ) July 25, 2011. JUDGE RC