IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.1906-C of 2010 and RSA No.1238 of 2003 (O&M) Date of decision: 2.3.2010 Sat Parkash and another ......Appellant(s) Versus Satish Kumar ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. S.M.Sharma, Advocate with appellants, namely, Sat Parkash and Walati Ram. Mr. J.K. Bhatti, Advocate for Mr.J.L. Malhotra, Advocate with respondent Satish Kumar. Rakesh Kumar Garg, J. (Oral) This is defendants' second appeal challenging the judgment and decree of the Lower Appellate Court whereby suit of the plaintiff- respondent was partly decreed. During the pendency of this appeal, an affidavit of the plaintiff- respondent was placed on record and it was submitted that the parties to the suit have compromised and in view of the aforesaid compromise, the plaintiff-respondent has agreed that the present appeal be accepted and his suit be dismissed by setting aside the judgment and decree of the Lower Appellate Court. Vide order dated 18.2.2010, parties were directed to be present in Court. Today, the appellant, namely, Sat Parkash and Walati Ram,both sons of Atma Ram, resident of Village and Post Office Mullana, Tehsil and District Ambala and the plaintiff-respondent, namely, Satish Kumar son of Shri Hukam Chand, resident of House No.10706/6, Old Post Office Road, Ambala City, are present in Court. They are duly identified by their respective counsel. CM No.1906-C of 2010 and RSA No.1238 of 2003 (O&M) -2- The plaintiff-respondent has admitted before this Court that a compromise has taken place between the parties and he has sworn affidavit dated 15.1.2010 wherein he has submitted that he has no objection if the present appeal is allowed in favour of the appellants and he will not have any claim with regard to the suit property in future. The aforesaid plaintiff-respondent has also identified his signatures on the aforesaid affidavit and has reiterated the stand taken by him in the affidavit. He has made a statement in Court in his own handwriting on the aforesaid affidavit which is duly signed by him. The said affidavit is marked as 'CX'. The aforesaid appellants also accept the fact that compromise has taken place. The affidavit dated 15.1.2010 of the plaintiff-respondent is taken on record. The appeal is allowed in terms of the aforesaid affidavit having been amicably settled and the judgment and decree of the Lower Appellate Court is set aside. The affidavit marked as 'CX' shall form part of the judgment and decree of this Court. Decree-sheet be drawn accordingly. Appeal stands allowed as aforesaid. March 2, 2010 (RAKESH KUMAR GARG) ps JUDGE