RSA No.1689 of 2001 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.1689 of 2001 (O&M) Date of decision : 20-1-2009 Amrik Singh ....Appellant VERSUS Kuldeep Singh and Others ....Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Mr. P.K. Gupta, Advocate, for the appellant. Mr. Aman Bansal, Advocate, for respondents No.1 to 5. RAKESH KUMAR GARG J. CM No.10758-59-C of 2008 This is an application to place on record the photocopy of compromise dated 3-9-2007 which has been attached as Annexure A-1 with this application on the record of the case and further disposing of this appeal in view of the aforesaid compromise. This application is allowed and the photocopy of compromise dated 3-9-2007 Annexure A-1 is taken on record. RSA No.1689 of 2001 As per the compromise dated 3-9-2007 the parties to this appeal have compromised and have prayed that in view of this compromise, this appeal be accepted and suit of the plaintiff-respondents be dismissed. Amrik Singh, son of Joginder Singh, appellant has produced on record original compromise dated 3-9-1997 which is in vernacular. The original compromise is taken on record as Mark CX. The statement of RSA No.1689 of 2001 (O&M) -2- parties were also recorded which are taken on record as Mark CX-1 to CX-5. Amrik Singh in his statement Mark CX-1 has stated that as per this compromise, this appeal is to be accepted and suit of the plaintiff- respondents is to be dismissed. It has also been stated by him that as per the compromise, he is liable to pay a sum of Rs.21,50,000/- to respondents No.1 to 3 and 5. It will be paid after selling a part of the disputed land and out of this amount, a sum of Rs.10,000/- has already been paid by him to the aforesaid respondents. Amrik Singh has also stated that he is entitled to withdraw the amount from the Court which has been deposited as mesne profit and the respondents will not have any objection to this. Statements of Joginder Singh (CX-2), Kirpal Singh (CX-3), Darshan Singh (CX-4) and Kuldeep Singh (CX-5) respondents have also been recorded who have stated that they have no objection, in case the appeal of the Amrik Singh is accepted and their suit is ordered to be dismissed. They have also accepted the fact that they are entitled to receive a sum of Rs.21,40,000/- from Amrik Singh after a sale of the part of the land in dispute. They have also stated that the parties are bound by the statements before this Court and the compromise as placed on record. Respondent Joginder Singh has also stated in his statement that he has seen the agreement/compromise dated 3-9-2007 executed between the parties and however he has no objection if the present appeal is accepted in favour of the Amrik Singh – appellant and thereafter Amrik Singh pays a sum of Rs.21,40,000/- to respondents No.1 to 3 and 5. The statements of these respondents are taken on record as Mark CX-1 to CX-5. In view of the compromise Mark CX and aforesaid statements of the parties Mark CX-1 to CX-5, this appeal is accepted and suit of the plaintiff-respondents is ordered to be dismissed. The appellant Amrik Singh shall be liable to pay a sum of Rs.21,40,000/- after selling a part of this RSA No.1689 of 2001 (O&M) -3- land and he will also be entitled to withdraw the mesne profit which are lying deposited in the trial Court. The compromise Mark CX and the statement of parties Mark CX-1 to CX-5 shall form part of this judgment and the parties will be bound by the same. Appeal is allowed accordingly. (RAKESH KUMAR GARG) 20-1-2009 JUDGE manju