R. S. A. No. 1512 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : R. S. A. No. 1512 of 2010 (O&M) Date of Decision : July 07, 2010 Ram Kumar .... Appellant Vs. Kamal Kumar .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Sanjiv Gupta, Advocate and Mr. D. N. Ganeriwala, Advocate for the appellant. Mr. Satinder Khanna, Advocate for the respondent. * * * L. N. MITTAL, J. (Oral) : C. M. No. 7224-C of 2010 : Allowed as prayed for, subject to all just exceptions. Main Appeal : This is second appeal by defendant, who has been unsuccessful in both the courts below. Suit filed by respondent for possession of the suit property by way of specific performance has been decreed by the courts below. In the instant second appeal, notice of motion was issued to R. S. A. No. 1512 of 2010 (O&M) 2 explore possibility of amicable settlement because the parties are real brothers. Pursuant to notice of motion, both the parties have appeared in person along with their father. With the efforts of the Court, parties have arrived at amicable settlement. Joint statement of the parties regarding the compromise has been recorded separately and is reproduced hereunder :- “Stated that we have effected compromise and as per compromise, plaintiff-respondent shall pay additional amount of Rs.2,50,000/- to defendant- appellant by depositing the same in trial court within two months from today and thereupon, the defendant-appellant shall deliver vacant possession of the suit property to the plaintiff-respondent within one month thereafter. Only after delivery of vacant possession of the suit property to the plaintiff- respondent, the defendant shall be entitled to withdraw the said amount of Rs.2,50,000/- as well as the amount of Rs.1,30,000/- already deposited as balance sale price by plaintiff in the trial court. In view of compromise, we both R. S. A. No. 1512 of 2010 (O&M) 3 are agreed to withdraw our respective criminal cases against each other and shall also facilitate quashing of all FIRs lodged by both of us against each other, in accordance with law. If the defendant fails to hand over the vacant possession of the suit property to the plaintiff within the stipulated period mentioned above, the plaintiff shall be entitled to seek possession of the suit property by execution of the decree and in that event, the appeal shall be deemed to have been dismissed and the plaintiff shall be entitled to withdraw the additional amount of Rs.2,50,000/- mentioned above and shall be entitled to execute the decrees of the courts below. Appellant-defendant also tenders unqualified apology to his father Mangat Ram @ Mangat Rai, who is also present in person in the Court and begs pardon from him. R. S. A. No. 1512 of 2010 (O&M) 4 The appeal may be decided accordingly.” The appeal has, thus, been lawfully compromised. In view of compromise, the appeal is disposed of in terms of above statement, which shall also form part of the decree sheet. July 07, 2010 ( L. N. MITTAL ) monika JUDGE