Regular Second Appeal No. 3283 of 2005 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 3283 of 2005 Date of Order: 08.07.2009 Ranbir Singh ....Appellant Versus Neeraj Kumar ..Respondent CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Harsh Aggarwal, Advocate for the appellant Mr. A.K.Chopra, Senior Advocate with Mr. Rajneesh Chauhan, Advocate for the respondent RAJIVE BHALLA, J (Oral). The appellant, challenges the judgments and decrees dated 07.09.2002 and 04.05.2005, passed by the Civil Judge (Junior Division), Jagadhri and the Additional District Judge,Jagadhri, decreeing the suit for possession and damages filed by the respondent-landlord and dismissing his appeal. During the pendency of this appeal, and with the able assistance of their counsel, parties have resolved their differences. In furtherance thereto, the appellant filed an affidavit dated 07.07.2009 setting out the terms and conditions of the settlement. However, a fresh affidavit dated 08.07.2009 has been filed in court today and is taken on record. Counsel for the parties are ad-idem that the appeal be disposed of in terms of the affidavit dated 08.07.2009 and the affidavit dated 07.07.2009 be struck off the record. A relevant extract from the affidavit dated 08.07.2009, filed by Ranbir Singh son of Shri Naurata Ram, reads as follows:- Regular Second Appeal No. 3283 of 2005 -2- “3. That the deponent/appellant filed the above mentioned Regular Second Appeal and the same is listed for motion hearing on July 8, 2009. 4. That the deponent/appellant accepts the correctness of the judgment and decree passed by both the courts below. 5. That the deponent/appellant undertakes to vacate the premises on or before January 7, 2011 and further undertakes to hand over the vacant possession of the premises to the owner, Neeraj Kumar. 6. That the deponent/appellant undertakes to deposit an amount of Rs.2400/- in advance to the owner/respondent within seven days from today and further sum of Rs.2400/- shall be paid to the land- owner Neeraj Kumar on or before January 13, 2010 and to pay further sum of Rs.2400/- to the owner Neeraj Kumar on or before July 12, 2010. 7. That in case the vacant possession is not handed over to the owner Neeraj Kumar on or before January 7, 2011, for any reason whatsoever and/or if default in the payment of the amount as aforesaid is made, the owner shall be entitled to execute the decree for possession and recovery against the deponent/appellant and/or any one claiming under or through him, shall have no right whatsoever to file any objection or to resist the decree in any manner. Further, in case of non-delivery of vacant possession as aforesaid, or in default in any manner, the deponent/appellant shall straightway be liable for Regular Second Appeal No. 3283 of 2005 -3- contempt of this Hon'ble Court. 8. That the deponent/appellant, his legal representatives, assignees or any one claiming under or through him in any manner, shall not have any right to stay in the premises after January 6, 2011.” In addition, Mr. Ranbir Singh son of Naurata Ram, who is present in court and has been duly identified by his counsel, states that he has no objection, if the amount deposited by him pursuant to orders passed by the Executing Court, is released to the respondent. Shri Neeraj Kumar, the respondent-landlord accepts the aforementioned affidavit and statement and states that he would not execute the judgments and decrees upto 06.01.2011. In view of the settlement between the parties, the appeal is dismissed as withdrawn. However, the judgments and decrees passed by the Civil Judge (Junior Division), Jagadhri and Additional District Judge, Jagadhri, dated 07.09.2002 and 04.05.2005 respectively shall remain in abeyance upto 07.01.2011. The appellant shall vacate the premises on or before 06.01.2011. The terms and conditions of his affidavit dated 08.07.2009 shall be read as a part of this order. In case the appellant does not vacate the suit premises, the respondent would be free to execute the decree in terms of the affidavit dated 08.07.2009 filed by Ranbir Singh son of Naurata Ram. The respondent shall be free to withdraw the amount deposited by the appellant, pursuant to orders passed by Executing Court It is made clear that this order shall have no bearing on any other litigation that may be pending inter-parties. The affidavit dated 07.07.2009 is struck off the record. July 08, 2009 (RAJIVE BHALLA) nt JUDGE