IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.2286 of 2006 (O&M) Date of decision: 26.5.2010 Balwanta ......Appellant(s) Versus Isha ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. A.S. Tewatia, Advocate for the appellant. Mr. Lokesh Sinhal, Advocate for the respondent. Rakesh Kumar Garg, J. (Oral) CM No.6526-C of 2010 Notice of this application to the counsel for the appellant. Mr. A.S. Tewatia, Advocate, who is present in Court, accepts notice and has no objection to bring on record the applicants as LRs of Isha-respondent. CM is allowed and the applicants as mentioned in para No.2 of the application are ordered to be brought on record. CM No.6527-C of 2010 and RSA No.2286 of 2006 This is an application under Order 23 Rule 3, CPC for disposal of the appeal in terms of compromise attached with this application which is Marked as 'CX'. The aforesaid application is also supported by affidavits of Tahir Hussain, Shokat Ali, Azam Khan sons of Isha and Basiri widow of Isha. It has been stated in this application that a compromise has been effected between the parties with the intervention of elders of the village and as per compromise, the plaintiff-respondents have abandoned their claim on the suit property and have handed over the possession to the RSA No.2286 of 2006 (O&M) -2- defendant-appellant, and in view of the aforesaid compromise, the appeal is to be accepted and the suit filed by the plaintiff-respondent is liable to be dismissed. In view of the aforesaid prayer made which is supported by affidavits, this application is allowed in terms of compromise Marked as 'CX' . Accordingly, this appeal is allowed in favour of the appellant and the suit of the plaintiff-respondent is ordered to be dismissed as the plaintiff- respondents have abandoned their claim in the suit property. The compromise Mark-'CX' shall form part of the decree. The parties shall also be bound by their affidavits as attached with this application. May 26, 2010 (RAKESH KUMAR GARG) ps JUDGE