RSA No.298 of 1999 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.298 of 1999 (O&M) Date of decision : 5-8-2009 Ramesh Chand and others ....Appellants VERSUS Surya Kumar and others ...Respondents CORAM:- HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Gorakh Nath Yadav, Advocate, for the appellants. Mr. Rajinder Goyal, Advocate, for the respondent. RAJIVE BHALLA, J. CM No.12521-C of 2008 Prayer in this application, filed under Order 23 Rule 3 read with Section 151 of the CPC is for permission to compromise the appeal on the basis of a compromise Annexure P-1. Counsel for the parties pray that as all parties concerned, except Ram Kali who has passed away have appended their signatures on the compromise, the appeal be taken up for hearing and decided in terms of the compromise. In view of the prayer made by counsel for the parties, the appeal is taken on board for disposal in terms of thecompromise Annexure P-1. RSA No.298 of 1999 Surya Kumar respondent No.1 filed a suit for declaration RSA No.298 of 1999 (O&M) -2- and for permanent injunction. The suit was dismissed by Civil Judge (Junior Division) Bhiwani on 16-4-1998. However, the Addl. District Judge, Bhiwani, vide judgment and decree dated 12-11-1998 accepted the appeal and held that Surya Kumar is a co-owner in possession of the suit land to the extent of 1/4th share. Aggrieved by the aforementioned judgment and decree, the appellants have filed the instant appeal. During the pendency of the appeal, Smt. Ram Kali mother of the appellants and respondents No.1 and 3 to 5 passed away. It appears that better sense has prevailed upon the parties, who have agreed to resolve their differences by way of a compromise reflected in the compromise deed Annexure P-1. The operative part of the compromise reads as follows:- "7. That now as mentioned above, the parties have compromised and it is settled between the parties that the judgment and decree dated 12-11-1998 of Shri J.S. Jangra, the then learned Additional District Judge, Bhiwani shall be got set aside and the judgment and the decree dated 16-4- 1998 shall be got restored by moving appropriate application in RSA No.298 of 1999. 8. That Ramesh Chand and others had filed RSA No.298 of 1999 against the judgment and the decree dated 12-11-1998 of Shri J.S. Jangra, the then learned Additional District Judge, Bhiwani and this appeal had been admitted for hearing by this Hon'ble Court on 22-2-2000. 9. That Smt. Ram Kali initially impleaded as defendant No.4 in the suit titled Surya Kumar Versus Ramesh Chand and others had expired in the year 2001 and Surya Kumar plaintiff-respondent and the remaining defendants were the sons and the daughters of Ram Kali RSA No.298 of 1999 (O&M) -3- and they were the only legal heirs of Ram Kali and they are already on the record and no new legal representative is required to be brought on record as LR of Ram Kali. 10. That Surya Kumar plaintiff had filed separate RSA No.2352 of 1999 titled Surya Kumar Versus Ramesh Chand and others against the judgment and the decree dated 12- 11-1998 of Shri J.S. Jangra, the then learned Additional District Judge, Bhiwani and that appeal was admitted for hearing by this Hon'ble Court on 22-2-2000. 11. That Surya Kumar plaintiff-respondent has already withdrawn his RSA No.2352 of 1999. The order passed by this Hon'ble Court shall be produced if necessity would so arise." In support of the recitals in the compromise, Ramesh Chand, Kailash Chand and Kamlesh Chand – appellants have filed affidavits dated 17-11-2008, accepting the correctness of the compromise. Rajesh Kumar son of Sh. Jai Lal general power of attorney of Surya Kumar the decree holder / respondent No.1 has filed an affidavit dated 17-11-2008 accepting the correctness of the recitals in the compromise. The other respondents namely Savitri Devi, Gulkandi Devi and Kanta have also filed affidavits dated 17-11- 2008 accepting the correctness of the recitals in the compromise. Ramesh Chand, son of late Sh. Ganga Ram, resident of Bhiwani, at present resident of 63-D, Platinum Enclave, Sector-18, Rohini, Delhi is present in Court and has produced a special power of attorney executed by the appellants and the respondents, other than Surya Kumar, authorizing him to appear on their behalf before this Court and to enter into any compromise etc. The special power of attorney RSA No.298 of 1999 (O&M) -4- is taken on record and assigned Mark A. Sh. Ramesh Chand states that he acknowledges the correctness of the recitals in the compromise, identifies his signatures and the signatures of Kailash Chand, Kamlesh Chand, Savitri Devi, Gulkandi Devi and Kanta appearing on the compromise deed and on their affidavits. Sh. Rajesh Kumar, general power of attorney of Surya Kumar is present in Court. He has produced the original general power of attorney for perusal. He has been identified by his counsel. Sh. Rajesh Kumar states that he has signed the compromise for and on behalf of Surya Kumar and identifies his signatures on the compromise. Sh. Ramesh Chand and Rajesh Kumar pray that in view of the compromise between the parties, the appeal be allowed, the judgment and decree passed by the Addl. District Judge, Bhiwani be set aside and the judgment and decree passed by the Civil Judge (Junior Division) Bhiwani, dismissing the suit, be restored. I have heard counsel for the parties, perused the compromise, the affidavits appended thereto, the special power of attorney Mark-A, a copy of the original power of attorney executed by the decree holder Surya Kumar in favour of Rajesh Kumar and am satisfied that parties have resolved their differences by a bona fide settlement free from any fraud, coercion or undue influence. Parties in the present appeal are members of one family being the sons and daughters of Ganga Ram. To permit them to settle their differences, would, in essence, promote harmony within the family. RSA No.298 of 1999 (O&M) -5- In view of what has been stated hereinabove, the appeal is taken on board and is allowed in terms of the compromise between the parties. The judgment and decree passed by the Addl. District Judge, Bhiwani is set aside and the judgment and decree dated 16- 4-1998 passed by the Civil Judge (Junior Division) Bhiwani is restored and the suit is dismissed. The compromise deed Annexure P-1 shall form a part of the decree. The decree sheet be drawn up accordingly. (RAJIVE BHALLA) 5-08-2009 JUDGE manju