R.S.A. No. 382 of 2004 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Misc. No. 5571-72-C of 2009 and R.S.A. No. 382 of 2004 Date of decision:11th August, 2009 Dial Singh and another ......Appellants Versus Teju and others ......Respondents Before: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Atul Jain, Advocate for the appellants. Mr. Naresh Prabhakar, Advocate for the respondents. Rajive Bhalla, J Civil Misc. NO. 5571-C of 2009 Allowed as prayed for, subject to the filing of the certified copy of Annexure PC. Civil Misc. No. 5572-C of 2009 and R.S.A. No. 382 of 2004 Prayer in this application, filed under Order 23 Rule 3 of the Code of Civil Procedure, is for deciding the appeal in accordance with the compromise dated 16.12.2008(Annexure PC). Counsel for the plaintiff-respondent no.1 Teju son of Darshan, states that in view of the compromise, dated 16.12.2008(Annexure PC), respondent no.1 has no objection, if 1 R.S.A. No. 382 of 2004 the appeal is allowed and his suit is dismissed, by setting aside the judgments and decrees, passed by the courts below. Teju son of Darshan is present in court and has been duly identified by his counsel. He acknowledges the original compromise which has been filed in court today. Teju respondent no. 1 identifies his thumb impressions on all the pages of the compromise. He also identifies the thumb impressions of Harbans Singh, Veer pal and the signatures of Dial Singh on all the pages of the compromise. The compromise is taken on record as Annexure. PC. Counsel for the appellant, states that in view of the compromise, between the appellants and contesting respondent no. 1, the appeal be allowed, the judgments and decrees passed by the courts below be set aside and the suit be dismissed. He further states that the other respondents have not contested the suit, at any stage of the proceedings and are therefore, not necessary for this compromise. It is further prayed that a sum of Rs.35,625/-, deposited by the appellant in the court of Additional Civil Judge, Sultanpur Lodhi on 5.2.2000, be ordered to be refunded. On the oral request of counsel for the parties, the appeal is taken up on board for regular hearing. I have heard counsel for the parties, perused the compromise and am of the considered opinion, that in view of the absence of any malafide, fraud, coercion or undue influence, the prayer made in this application is bonafide and should therefore, be accepted. The absence of the proforma respondents, who have not contested the claim of either party at any stage of the 2 R.S.A. No. 382 of 2004 proceedings is not necessary. It is however, made clear that this compromise would not effect the rights of the proforma respondents, if any, with respect to the pending appeal. In view of what has been stated hereinabove, the appeal is allowed, the judgment and decree dated 14.10.2003, passed by the Additional District Judge, Kapurthala, and the judgment and decree dated 13.11.1999, passed by Additional Civil Judge, (Senior Division), Sultanpur Lodhi, are set aside and the suit filed by Teju son of Darshan, respondent no. 1, is dismissed with no order as to the costs. A sum of Rs.35,625/- deposited by the appellant in the court of Additional Civil Judge, Sultanpur Lodhi on 5.2.2000, shall be refunded to the appellant. Decree sheet be drawn accordingly. The compromise shall form an integral part of the decree. [RAJIVE BHALLA] JUDGE 11th August, 2009 SKaushik 3