CM No.1691-C of 2010 :1: and CM No.1692-C of 2010 and RSA No.603 of 2010 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.1691-C of 2010 and CM No.1692-C of 2010 and RSA No.603 of 2010 (O & M) Date of decision: 09.03.2010 Balbir Singh and others ..Appellants Versus Amar Dass and another ..Respondents CORAM: HON'BLE MR.JUSTICE AJAY TEWARI a). Whether Reporters of Local Papers may be allowed to see the judgment ? b). To be referred to the Reporters or not ? c). Whether the judgment should be reported in the Digest ? Present:- Mr.Jagdeep Singh, Advocate for the appellants Mr.R.N.Lohan, Advocate for the respondents . . . CM No.1691-C of 2010 For the reasons recorded in the Civil Miscellaneous Application, the same stands allowed and the delay of 2 days in re-filing the appeal stands condoned. CM No.1692-C of 2010 For the reasons recorded in the Civil Miscellaneous Application, same stands allowed and the delay of 35 days in filing the appeal stands condoned. RSA No.603 of 2010(O & M) Learned counsel for the appellants states that appellants undertake to fill the erstwhile pond up to its original level, so that no loss is further caused to the respondents. He however, states that it will CM No.1691-C of 2010 :2: and CM No.1692-C of 2010 and RSA No.603 of 2010 (O & M) take 2 to 3 years for the appellants to fill up the pond to its original level height. He further undertakes that appellants conceded to mitigate the interim loss. The appellants are ready to pay Rs.5,000/- per crop to the respondents. In my opinion, in the present case, this cannot be termed to be an unfair solution. Let the appellants fill up the pond uptill the harvest of June (Jeth), 2013 (and of course even earlier if they can do so). However, till that time, they would be liable to pay Rs.5,000/- per crop as compensation to the respondents. Let each instalment be paid on or before 15th of June and 30th of November every year (to be deposited in the learned Executing Court). This appeal is dismissed with the above modification. It is further made clear that in the event of default of any payment or in the event that the appellants do not fulfil their undertaking by June (Jeth), 2013 as mentioned-above, the decree shall become immediately executable. March 9, 2010 (AJAY TEWARI) Sukhpreet JUDGE