R.S.A.No.3662 of 2004 1 IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH. RSA No.3662 of 2004 Date of decision: 28.5.2010 Tara Chand and others .....Appellants vs. Satish Kumar and others ....Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG. --- Present: Mr.O.P.sharma, Advocate, for the appellants. Mr.D.SMalik, Advocate, for the respondents. -- Rakesh Kumar Garg,J.(Oral) C.M.No.6461-C of 2010. Allowed subject to all just exceptions. C.M.No.6462-C of 2010 In this case appellant-defendants No.4 to 6 were minors at the time of filing of the suit which was filed through their mother Naresh Devi as next friend and guardian. It has been brought to the notice of this Court that the aforesaid defendant-appellants Sumit Kumar, Ritu and Rina (No.4 to6) have attained the age of majority on 30.6.2008,1.12.2003 and 30.1.2007 respectively during the pendency of this appeal. It has further been brought to the notice of this Court that they are now being represented in their own right by Shri O.P. Sharma, Advocate, who has filed power of attorney on their behalf. The application is duly supported by the affidavit of Sumit Kumar. In the aforesaid view of the matter, this application is allowed R.S.A.No.3662 of 2004 2 and the guardian Naresh Devi is discharged. C.M.No.6463-C of 2010 In this case the plaintiff-respondent No.2 was minor at the time of filing of the suit and the suit was filed through his next friend and guardian Sheela Devi his mother. It has been brought to the notice of this Court that the aforesaid plaintiff-respondent attained the age of majority on 2.3.2004 during the pendency of the appeal. It has brought to the notice of this Court that plaintiff-respondent No.3 was also minor at the time of filing the suit and the suit was filed through his next friend and guardian Kamla devi and that the plaintiff respondent No.3 has attained majority on 19.11.2008 during the pendency of this appeal. The application is duly supported by the affidavit of Shish Pal. It has been further brought to the notice of this Court that the aforesaid respondents No. 2 and 3 are now being represented in their own right by Shri D.S.Malik, Advocate, who has filed power of attorney on their behalf. In the aforesaid view of the matter, this application is allowed and the guardians Sheela Devi and Kamla Devi through whom the case filed on behalf of the aforesaid plaintiffs-respondents are discharged. C.M.No.6464-C of 2010 and RSA No.3662 of 2004. This is an application under Order XXIII rule 3 of the Code of Civil Procedure for disposal of the appeal in terms of the compromise attached with this application which is marked 'CX'. The aforesaid parties are also present in court and have also accepted the compromise marked 'CX' and have signed the aforesaid compromise in Court in token of its R.S.A.No.3662 of 2004 3 correctness in the presence their lawyers who have identified the respective parties. The aforesaid application is supported by the affidavits of Shri Tara Chand defendant-appellant and Satish Kumar plaintiff-respondent. It has been stated in this application that compromise has been effected between the parties with the intervention of elders of the village and as per the compromise the plaintiff-respondents have abandoned their claim over the suit property and the possession is already with the appellants and in view of the compromise the appeal is to be accepted and the suit filed by the plaintiff-respondents is liable to be dismissed. In view of the aforesaid prayer which is supported by affidavits, this application is allowed . Accordingly, in terms of compromise marked as 'CX' along with its true translation marked as “CXT”, this appeal is allowed in favour of the appellants and the suit of the plaintiff-respondents is ordered to be dismissed as the plaintiff-respondents have abandoned their claim in the suit property. The compromise mark-'CX' shall form part of the decree. The parties shall also be bound by their affidavits as attached with this application. ( Rakesh Kumar Garg) Judge May 28, 2010 rk