IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3333 of 2009(O&M) Date of decision: 15.1.2010 Smt. Sarti Devi ......Appellant(s) Versus Om Parkash Saini and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Ajay Jain with Subhash Chander son of Smt. Sarti Devi and also special power of attorney. Mr. Amit Jain, Advocate with Mr. Om Parkash Saini- respondent No.1. Rakesh Kumar Garg, J.(Oral) This is defendant's second appeal challenging the judgment and decrees of the Courts below whereby suit of the plaintiff-respondent No.1 for declaration was decreed and a direction was given to the appellant to remove the illegal construction. During the pendency of this appeal, on 9.12.2009 Sh. Subash Chander, who is special power of attorney of appellant-Smt. Sarti Devi and plaintiff-respondent No.1 Om Parkash, who were present in Court submitted before this Court that the matter has been amicably settled between the parties and plaintiff-respondent No.1 wants to withdraw the suit which may be ordered to be dismissed. An affidavit on behalf of Om Parkash was also filed wherein he submitted that the matter between the parties has been amicably settled and he has no objection if the present appeal is allowed and the judgment and decrees of the Courts below are set aside and suit filed by him is ordered to be dismissed as withdrawn. Noticing the aforesaid facts, this Court passed the following order on 9.12.2009: “Special Power of attorney for appellant-Sarti Devi and plaintiff-respondent No.1 Om Parkash are present in the RSA No.3333 of 2009(O&M) -2- Court. Plaintiff-respondent No.1 has filed an affidavit stating that the matter has been amicably settled and he wants to withdraw the suit which may be ordered to be dismissed. The affidavit of Om Parkash, who is present in person, has been taken on record. Adjourned to January 15, 2010, for final disposal of the RSA on the basis of affidavit of Om Parkash. Parties need not appear on the next date of hearing as affidavit of respondent No.1-Om Parkash has been placed on record by him by appearing in the Court today.” Today, Sh. Subhash Chander, special power of attorney of appellant-Smt. Sarti Devi and plaintiff-respondent No.1 Om Parkash are present in Court along with their respective counsels. The stand taken by them on 9.12.2009 has been reiterated. In view of the aforesaid submissions and the concession made by plaintiff-respondent No.1, this appeal is allowed and judgment and decrees of the Courts below are set aside and suit of plaintiff-respondent No.1 is dismissed. January 15, 2010 (RAKESH KUMAR GARG) ps JUDGE