CM No.12650-C of 2008 and RSA No.4646 of 2001 Ram Kishan versus Anil Kumar Gupta & ors. Present: Mr.R.S.Kundu, Advocate for the appellant-applicant Mr.Rajesh Jain, Advocate for respondent No.1 and 3. ***** This is an application under Order 23 Rule 3 read with Section 151 CPC for allowing the aforesaid appeal in view of the settlement which has taken place between the parties and according to which cancellation of lease deed has been executed by the respondents in favour of the appellant, which has been placed on record. As per this cancellation of lease deed, the appellant shall hand over the possession of 10 marlas of land as per the sale deed dated 24.12.1986 and the lease deed in favour of the appellant has been cancelled vide registered cancellation deed dated 06.10.2008. Statements of both the parties have also been recorded separately. Cancellation deed dated 06.10.2008 and the statement of the parties are taken on record as Mark CX, CX1 and CX2, respectively. The parties shall remain bound by the cancellation deed and their statements made in the Court. The appeal is allowed in terms of the aforesaid statements and the cancellation deed which shall form a part of the judgment and decree. Disposed of. (RAKESH KUMAR GARG) JUDGE 11.02.2009 neenu