1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 1148 of 2003 (O&M) Date of Decision: 4.3.2009 *** Kamla Devi and Ors. .. Appellants VS. Mam Chand and Ors. .. Respondents. CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Ranjit Saini, Advocate for the appellants. Mr. S.K. Mamli, Advocate for the respondents. *** ARVIND KUMAR, J. CM No. 11515-C of 2008 CM is allowed. Compromise Ex. C1 is taken on record. RSA No. 1148 of 2003 This regular second appeal is being preferred by the appellant- plaintiffs against the judgment and decree dated 11.6.2002 passed by the learned First Appellate Court below by dint of which the judgment passed by the learned Trial Court dated 2.4.1998, decreeing their suit, has been modified. In nutshell the controversy between the parties is relating to the land measuring 26 kanals, over which the plaintiffs claimed their right to the extent of 1/3rd share each with the efflux of time. The learned Trial Court, as noticed above decreed the suit and held them as owners in possession of the suit land in equal shares. However, on an appeal preferred by the defendant-respondents, the mortgagors, the judgment passed by the learned Trial Court was modified to the extent that the plaintiffs are owners in possession of the land measuring 8 kanal 3 marlas to the extent of 1/6th share only. Dis-satisfied with the same the 2 plaintiffs have preferred the instant regular second appeal. It has been contended that the parties have amicably settled the dispute by entering into a compromise. Copy of compromise Annexure Ex. C1., duly signed by appellants Gurmukh Singh and Randhir Singh on their behalf as well as for Kamla Devi, Phoolwati, Dayal Kaur, Gurmail Kaur daughters of Chhaju Ram, Ram Pal, Sandeep sons of Usha Devi (since they have furnished release deed Annexures A and B in their favour), Ram Chand and Jai Pal as well as by the respondents Mam Chand, Maya Ram, Gurmej Singh and Release Deed Annexures A and B, have been taken on record. It has been contended that by virtue of compromise arrived at between the parties, it has been amicably settled that the respondents, the mortgagors would have a right to redeem 1/3rd share of land measuring 26 kanals on payment of redemption amount to the appellants and thereafter they will be declared as owners in possession of the suit land and the appellants will not claim any right, title or interest in the suit property on its redemption. In view of the consensus arrived at between the parties, the instant appeal is disposed of in terms of compromise arrived at between the parties. The judgments and decrees passed by the appellate court below as well as that of the trial court are modified accordingly. Registry is directed to prepare the decree-sheet and compromise Ex.C1, referred to above shall also form the part of the decree-sheet. It is also made clear that the parties are bound by compromise Ex.C1. (ARVIND KUMAR) JUDGE March 4,2009 Jiten