RSA No. 4650 of 2003 1 In the High Court for the States of Punjab and Haryana at Chandigarh … RSA No. 4650 of 2003 Date of decision: October 31,2008 Dharambir and another ..Appellant. Versus Raj Kumar son of Tara Chand ..Respondents Coram: Hon'ble Mr.Justice Rakesh Kumar Garg Present: Mr. Vikram Singh, Advocate for the appellants Mr.Vikram Punia, Advocate for the respondent. ... Rakesh Kumar Garg,J. This is plaintiffs appeal challenging the judgment and decree of the lower Appellate Court whereby appeal of the defendant-Raj Kumar has been accepted and judgment and decree of the trial Court decreeing the suit of the plaintiff-appellants was set aside and suit of the plaintiff-appellants was ordered to be dismissed. Briefly stated that in the present suit for declaration with consequential relief of permanent injunction, the plaintiffs have claimed that the sale deed alleged to be executed and registered on behalf of the plaintiffs vide No.1577/1 dated 23.11.1995 is null and void and not binding on the rights of the plaintiffs. The suit was contested by the defendant. The trial Court vide its judgment and decree dated 12.9.2001 decreed the suit of the plaintiffs and sale deed dated 23.11.1995 was declared null and void. The defendant was also restrained from interfering in the possession of the plaintiff over the suit land. The defendant filed an appeal challenging the aforesaid judgment and decree of the trial Court which was allowed by the Additional District Judge, Sonepat vide his judgment and decree dated 2.9.2003 and suit of the plaintiffs RSA No. 4650 of 2003 2 was ordered to be dismissed. The present appeal has been filed by the plaintiff challenging the aforesaid judgment and decree of the lower Appellate Court dated 2.9.2003. Vide order dated 25.7.2008, the matter was referred to the Mediation and Conciliation Centre of the High Court and the same was registered as Mediation Case No.8 of 2008 in RSA No.4650 of 2003. The report of the proceedings held in the case have been placed before this court by the Mediation and Conciliation Centre, according to which, the matter stands settled between the parties. Learned counsel for the parties are agreed that the appeal be disposed of in terms of the settlement dated 29.8.2008 arrived at between the parties by Mediation and Conciliation Centre. The report dated 29.8.2008 of the Mediation and Conciliation Centre is taken on the record and the same is marked as Ex. CX. As per report Ex. CX of the Mediation and Conciliation Centre, the following are the terms of the compromise arrived at between the parties:- “1. That respondent has no objection if the sale deed No.1577/1 dated 23.11.1995, mutation No.6317 qua the said land measuring 15 marlas be got declared as null and void by this Hon'ble High Court. 2. That respondent No.1 is also agreeable that if this Hon'ble Court sets aside the order dated 2.9.2003 passed by the Additional District Judge, Sonepat so as to facilitate the present compromise. 3. The appellant No.1 after the disposal of the present appeal in terms of the present compromise shall get the suit land registered in his favour and thereafter he will take effective steps to sell the suit land measuring 15 marlas to which appellant No.2 has no objection and has given up his claim if any in favour of appellant No.1 being real brothers and as already stated, appellant No.2 has RSA No. 4650 of 2003 3 already sold his share of 4 marlas in favour of appellant No.1. 4. The appellant No.1 after the transfer of the suit land in his favour, will immediately sell the land and then pay a sum of Rs.3 lacs to the respondent. The needful will be done within a period of 3 months from the date the suit land is transferred in favour of the appellant No.1.” The report i.e., Ex. CX shall form part of the judgment and decree of this Court. Both the parties shall be bound by the said settlement Ex.CX which shall be a part of judgment and decree. After hearing learned counsel for the parties and in terms of compromise Ex.CX, the judgment and decree dated 2.9.2003 passed by the Additional District Judge, Sonepat is set aside and sale deed No.1577/1 dated 23.11.1995 and mutation No.6317 qua the suit land measuring 15 marlas is declared as null and void. The appellant No.1 shall be entitled to get the suit land registered in his favour and thereafter, he will take effective steps to sell the suit land measuring 15 marlas and pay a sum of Rs. 3 lacs to the respondent. The needful will be done within a period of three months from the date, the suit land is transferred in favour of the appellant No. 1 The appeal is disposed of as above October 31, 2008 (RAKESH KUMAR GARG) nk JUDGE