IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.5509 of 2003 (O&M) Date of decision: 31.8.2010 Dalgir Singh ......Appellant(s) Versus Ajit Singh and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. A.S. Manaise, Advocate for the appellant. Mr. V.K. Kaushal, Advocate for Mr. B.R. Mahajan, Advocate for respondent No.1. Rakesh Kumar Garg, J. (Oral) Mohinder Singh son of Dalgir Singh, who is special attorney of appellant-Dalgir Singh, is present in Court. Ajit Singh-respondent No.1 is also present. An affidavit of Mohinder Singh, special attorney of appellant- Dalgir Singh, has been filed in Court. The same is taken on record, In the aforesaid affidavit, it has been stated that the deponent had made a statement before this Court on 16.8.2010 through his counsel, regarding handing over the possession of land under a bona fide mistake. He has also tendered unconditional apology for the aforesaid incorrect statement. An unconditional apology submitted by him is accepted. It has been further submitted in the aforesaid affidavit that the possession of land measuring 11.5 marlas to respondent No.1, as agreed between the parties, could not be handed over due to standing paddy crop and the same shall be handed over within a week from the date of harvesting of the paddy crop of the aforesaid land. RSA No.5509 of 2003 (O&M) -2- On consensus reached between the parties, the counsel of the appellant, on instructions, has stated that the actual possession of the land measuring 11.5 marlas as agreed between the parties shall be handed over to respondent No.1 on or before 14.11.2010 positively. The aforesaid compromise dated 26.5.2010, the affidavit dated 31.8.2010 filed by Mohinder Singh, which is marked 'C1' and the undertaking of the appellant as above, shall be a part of the decree. In this view of the matter, this appeal is disposed of in terms of compromise dated 26.5.2010 as noticed in the order dated 16.8.2010 with a further direction to the appellant to hand over the vacant possession of the land to respondent No.1 as agreed aforesaid and in the affidavit dated 31.8.2010 and the undertaking as given above. In case the appellant fails to hand over the vacant possession of land in compliance of the undertaking given before this Court today, the respondent shall be at liberty to initiate contempt proceedings against him. August 31, 2010 (RAKESH KUMAR GARG) ps JUDGE