RSA No.3209 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3209 of 2008 (O&M) Date of Decision: 22.4.2010 Smt.Surasti and others ..Appellants. Vs. Sajjan Singh and another ..Respondents. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.G.S.Gandhi, Advocate for the appellants. Mr.Amit Rao, Advocate for Mr.S.K.Sharma, Advocate for the respondents. RAKESH KUMAR JAIN, J. This order shall dispose of two appeals bearing RSA No.3209 of 2008 titled as Sursati and others Vs. Sajjan Singh and others and RSA No.988 of 2009 titled as Sajjan Singh and another Vs. Bhudev and others. Both the appeals have been filed against the judgment and decree dated 1.9.2008 passed by Sh.A.K.Raghava, Addl.District Judge, Narnaul. Sajjan Singh and Rameshwar sons of Richhpal filed a suit for declaration and injunction. The learned trial Court vide its judgment and decree dated 11.6.2004 dismissed the suit. Sajjan Singh and Rameshwar preferred an appeal under Section 96 of the Code of Civil procedure, 1908 (for short `CPC') which was partly decreed by the learned first Appellate Court observing that “It is ordered that the present appeal is partly accepted to the effect that the plaintiffs are in possession over the suit land as RSA No.3209 of 2008 (O&M) -2- mortgagee and defendants are restrained from dispossessing the plaintiffs from the suit land without following due course of law.” Aggrieved against the aforesaid judgment and decree of the first Appellate Court, both the plaintiff and defendants preferred their separate appeals which have been indicated in the beginning of this order. RSA 3209 of 2008 was filed on 3.10.2008 whereas RSA No.988 of 2009 was filed on 9.1.2009. RSA No.988 of 2009 was ordered to be heard with RSA No.3209 of 2009 vide order dated 28.8.2009 passed by this Court. By way of Miscellaneous application No.4702-C of 2010 in RSA No.3209 of 2008, documents Annexures A and B have been placed on record to contend that a compromise has been effected between the parties to the lis. But firstly, Sajjan Singh (plaintiff No.1) has expired on 24.5.2009 leaving behind following LRs: 1) Ran Singh 2) Kamal Singh 3) Satyawan sons 4) Suman daughter 5) Smt.Indrawati widow of Sajjan Singh And secondly, in terms of the compromise, out of the land in dispute measuring 13 kanals 14 marlas, 50% -50% share is divided leaving no dispute between the parties as a result of which they do not want to proceed with the present appeal. Similar application has been filed in RSA No.988 of 2009 i.e. by way of CM No.4459-C of 2010 and documents Annexures A and B are taken on record. It has been pointed out by Sh.G.S.Gandhi, Advocate that Sajjan Singh (plaintiff) has died during the pendency of the appeal and his LRs have not been brought on record. Counsel for the respondents submitted that compromise has been effected between the parties much less with the LRs of Sajjan Singh, who would not raise any objection about the compromise later on. RSA No.3209 of 2008 (O&M) -3- In view of the above, RSA No.988 of 2009 is dismissed as withdrawn and RSA No.3209 of 2008 is disposed of in terms of compromise effected between the parties. No costs. (Rakesh Kumar Jain) 22.4.2010 Judge Meenu