RSA No.2796 of 1999(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.2796 of 1999(O&M) Date of decision: 3.11.2008 Sukhminder Singh …… Appellant versus Harminder Singh and others …….Respondents CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR GARG * * * * Present: Mr. Surinder Garg, Advocate for the appellant. Mr. M.L. Saini, Advocate for respondent No.1. * * * * Rakesh Kumar Garg, J . This is defendant's second appeal challenging the judgment and decree of the Lower Appellate Court whereby the suit of the plaintiff- respondent for declaration has been decreed and judgment dated 9.1.1986 passed in Civil Suit No.32 of 1986 by Sh. P.P. Chhabra, Senior Sub Judge, Hisar has been held to be illegal and defendant No.1 has been restrained from alienating the suit land in any manner. During the pendency of the appeal by way of Civil Misc. Application No.9373-C of 2008, a compromise deed dated 18.8.2008 executed between the parties has been placed on record stating therein that the dispute with regard to the property of Jangir Kaur, the mother of the appellant as well as of the respondents has been settled with the intervention of respectables. A supplementary compromise deed dated 4.10.2008 was also placed on record vide CM No.9823-C of 2008 by the parties and it was pleaded that in the earlier compromise deed dated 18.8.2008, some of the parties had not signed and the same has been rectified by placing on record the aforesaid supplementary compromise. RSA No.2796 of 1999(O&M) 2 The parties have the immovable property at two places i.e. one regarding which the dispute is pending is situated at village Dher, Distt. Fatehabad (Haryana), whereas the other property is situated at village Naggal Kalan, Distt. Mansa (Punjab). As per this compromise, the property situated at village Dher, Tehsil Tohana Distt. Hisar comes to the share of the appellant and the respondents have been left with no right, title or interest with that property whereas the property at village Nangal Khurd, Distt. Mansa comes to the share of Harminder Singh son of Jangir Kaur widow of Harbakhash Singh and his other brothers and the appellant will claim no right, title or interest in that property. The parties were present in Court. Statements of Gurdarshan Singh (appellant), Harminder Singh (respondent), Jagdev Singh (respondent), Gurtej Singh (respondent) and Rajinder Singh (respondent) have been recorded which have been duly counter singed by their respective lawyers. The compromise deed dated 18.8.2008 and supplementary compromise dated 4.10.2008 are taken on record as Ex.CX and CX-1 respectively. Statements of Gurdarshan Singh (appellant) as well as of Harminder Singh (respondent), Jagdev Singh (respondent), Gurtej Singh (respondent) and Rajinder Singh (respondent) are taken on record and marked as CX-2 to CX-6 respectively. In their statements, the parties have accepted that they have compromised the dispute and as per the compromise deeds dated 18.8.2008 and 4.10.2008, the present appeal be disposed of. The present appeal is disposed of in terms of compromise deeds dated 18.8.2008 and 4.10.2008 and it is declared that the appellant will be entitled to the property situated at village Dher, Tehsil Tohana, Distt. Hisar to the exclusion of the respondents whereas the respondents will be exclusive owners of the property at village Nangal Kalan Tehsil and Distt. Mansa and the appellant will have no right, title or interest in the RSA No.2796 of 1999(O&M) 3 property at Mansa. Similarly, the respondents shall not claim any right, title or interest in the property situated at village Dher, Tehsil Tohana, Distt. Hisar. The compromise deed and the statements of the parties will form part of this judgment and decree. Decree-sheet be drawn accordingly Disposed of. November 3, 2008 (RAKESH KUMAR GARG) ps JUDGE RSA No.2796 of 1999(O&M) 4