1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 3260 of 2011(O&M) Date of Decision: 18.10.2011 *** Harcharan Singh and Anr. .. Appellants VS. Surjit Singh & Ors. .. Respondents. CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Surinder Garg, Advocate for the appellants. Mr. Kashmir Singh, Advocate for the respondents. ARVIND KUMAR, J. Affidavits of Surjit Singh, Rajinder Singh and compromise (Ex.C1), its translation (Ex.C1/T) have been taken on record. The appellants-defendants have filed the instant regular second appeal, whereby they have questioned the legality and propriety of judgment dated 28.4.2011 by dint of which the appeal filed by the plaintiffs against the dismissal of their suit by the learned trial Court vide judgment dated 27.8.2010, has been allowed. It emerges out from the record that the plaintiffs filed the suit challenging the registered sale-deed dated 23.6.2004 executed by defendant No.2, being the power of attorney of defendant No.1, in favour of none else but his own wife i.e. defendant No.3. It is the case of the plaintiffs that defendant No.1 took a loan from them but did not repay the same and in order to frustrate the recovery rights of the plaintiffs, the defendants in collusion with each other, created this sham transaction. The learned trial Court non-suited the plaintiffs, however, on an appeal preferred by them, the learned appellate Court below allowed the same and the aforesaid sale-deed was declared as null and void and inoperative qua the rights of the plaintiffs and were further restrained defendant No.3 to alienate the same in any manner. 2 Dis-satisfied with the same, defendants No.2 and 3 have preferred the instant regular second appeal. During pendency of the appeal, the parties have entered into settlement and in this regard compromise has been placed, which is taken on record. According to the compromise, the decrees regarding recovery in favour of the plaintiffs, have been satisfied and now nothing is left to be recovered. The affidavits of both the plaintiffs namely Rajinder Singh and Surjit Singh have also been placed on record wherein the factum of the parties having compromised the matter has been mentioned and the no objection of the plaintiffs in allowing the appeal of the appellants. In view of the consensus arrived at between the parties, the instant appeal is allowed, thereby setting aside the judgment of the appellate Court below. The suit of the plaintiffs is accordingly dismissed. The parties are bound by the compromise(Ex.C1/ Ex.C1/T) and affidavits, as referred to above. (ARVIND KUMAR) JUDGE October 18,2011 Jiten