RSA No.1415 of 1993 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.13709-C of 2009 and RSA No.1415 of 1993 Date of Decision: 9.12.2009 Smt.Chanan Kaur and others .... Appellants Versus Tirath Kaur ..... Respondent CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Sameer Rathaur, Advocate for the applicants-appellants. Mr.Harminder Singh, Advocate for the respondent. RAKESH KUMAR JAIN J. CM No.13709-C of 2009 This is an application for placing on record compromise dated 3.12.2009 arrived at between the parties. CM is allowed. Compromise Annexure-A is taken on record. Counsel for the parties request that the main appeal which is listed on the Board of this Court at Serial No.331 may also be taken up for hearing and the same may be disposed of in terms of the compromise. On the request of counsel for the parties, main appeal is being taken up for hearing. JUDGMENT Respondent Tirath Kaur filed a suit for declaration and joint possession. The said suit was decreed by the trial Court vide judgment and RSA No.1415 of 1993 -2- decree dated 14.2.1989 vide which the plaintiff Tirath Kaur was declared owner to the extent of 1/5th share including Kothas built on it and she also held entitled to joint possession alongwith defendants No.1 to 4. The judgment and decree of the trial Court was challenged by defendants No.1 to 5 by way of Civil Appeal No.47 of 1991 which was dismissed by Additional District Judge, Kaithal vide judgment and decree dated 9.3.1989. Still aggrieved, the defendants came up before this Court in RSA No.1415 of 1993 which was admitted on 7.7.1993 and execution of the impugned judgment and decree was stayed. It is stated by the counsel for the parties that during the pendency of the appeal, appellant No.1, namely, Smt.Chanan Kaur who is mother of the plaintiff, had expired. Similarly, respondent No.1 Tirath Kaur (plaintiff) too had expired leaving behind her legal representatives who were impleaded by way of application bearing CM No.13368-C of 2009 decided on 2.12.2006. Sh.Harminder Singh, Advocate has put in appearance on behalf of all the five legal representatives of Tirath kaur (since deceased). It is submitted by the counsel for the appellant that since the parties to the dispute are closely related, therefore, with the intervention of the elders and respectables of the village, a written compromise (Annexure A) has been effected between the parties on 3.12.2009 as per which (respondents)/legal representatives of Tirath Kaur have received an amount of Rs.10,50,000/- from appellant No.5 towards her share which has been decreed in her favour. Since the share of plaintiff has been acknowledged by the defendants in the compromise, thus, there is no dispute left between the parties. All the five respondents (LRs of Tirath Kaur) are present in Court. I RSA No.1415 of 1993 -3- have asked them about the compromise and the amount which is stated to have been given to them in terms of the compromise to which they have stated that they have received the amount. Counsel for the respondents has also submitted that in terms of the compromise, decree in favour of Tirath Kaur shall not be executed in the Court of law. No grievance is left to pursue the appeal, therefore, the present appeal is dismissed. (RAKESH KUMAR JAIN) 9.12.2009 JUDGE Meenu