Regular Second Appeal No. 201 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Regular Second Appeal No. 201 of 2008 (O&M) Date of decision : July 23, 2010 Jaswant ....Appellant versus Kamla Devi and another ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Sanjiv Gupta, Advocate, for the appellant Mr. Vivek Suri, Advocate, for respondent no. 1 Respondent no. 2 in person. L.N. Mittal, J. (Oral) CM No. 8046.C of 2010 The application is allowed and annexed affidavit of Rani Devi mother and next friend of the appellant is taken on record subject to all just exceptions. Another affidavit of Rani Devi filed today in Court and also certificate of the counsel for appellant filed today in Court are taken on record. CM No. 7392.C of 2010 and RSA No. 201 of 2008 In this second appeal filed by minor plaintiff Jaswant, CM No. 7392.C of 2010 has been moved under Order 23 Rule 3 of the Code of Civil Regular Second Appeal No. 201 of 2008 (O&M) -2- Procedure (in short, CPC) for disposing of the appeal in terms of compromise Annexure A/1 effected between the parties. Respondent no. 1 is grand-mother of the minor appellant whereas respondent no. 2 is father of the minor appellant. Rani Devi mother and next friend of the appellant as also Kamla Devi respondent no. 1 are also present in person. They have identified Mahabir respondent no. 2 who is also present in person. All the three admit that compromise Annexure A/1 has been effected between the parties as also stated by counsel for the appellant and respondent no. 1 after seeking instructions from the respective parties. Affidavit Annexure A/2 of Kamla Devi respondent no.1 and affidavit Annexure A/3 of Rani Devi mother and next friend of the minor appellant have also been annexed regarding written compromise. Permission has been sought to effect compromise on behalf of minor appellant stating that the same is for the benefit of the minor appellant. Affidavit of mother and next friend of the minor appellant and certificate of counsel for the minor appellant have also been placed on record to the effect that the compromise is for the benefit of the minor appellant. In the suit plaintiff-appellant sought declaration that he is owner in possession of 1/6th share of land measuring 361 kanals 14 marlas. The plaintiff, thus, claimed 60 kanals 6 marlas land. However, under the compromise Annexure A/1, the appellant has been given 96 kanals land i.e. much more than the land claimed by the appellant in the suit. Consequently, it is manifest that the compromise is for the benefit of the minor appellant. Regular Second Appeal No. 201 of 2008 (O&M) -3- In view thereof, necessary permission to effect compromise on behalf of the minor appellant is granted. The appeal has, thus, been lawfully compromised. In view of compromise Annexure A/1 effected between the parties, the appeal is disposed of in terms of compromise Annexure A/1 which shall form part of judgment and decree sheet. ( L.N. Mittal ) July 23, 2010 Judge 'dalbir'