In the High Court of Punjab and Haryana at Chandigarh X-Objection No., 1-C of 2007 and C.M.No. 20257-C of 2010 and Regular Second Appeal No. 2531 of 2004 (O&M) Date of Decision: December 01, 2010 Lakhwinder Singh ---Appellant versus Harbans Kaur and others ---Respondents Coram: HONBLE MR. JUSTICE GURDEV SINGH *** Present: Mr.Subhash Aggarwal, Advocate, for the appellant Mr.Amarjit Markan, Advocate, for respondent No. 1 Mr. Anshuman Chopra, Advocate, for respondents No. 2 to 4 *** GURDEV SINGH, J. Heard. The subject matter of the suit, out of which the present second appeal arise, was 183 kanals 11 marlas of land situated in village Burj Fatehgarh Sahib, Tehsil Barnala and 101 kanals 9 marlas of land situated in village Maur Nabha Tehsil Barnala. The suit was filed by Harbans Kaur- respondent No. 1-plaintiff, for joint possession of 1/5th share in the land measuring 183 kanals 11 marlas, 1/20th share in the land measuring 101 Regular Second Appeal No. 2531 of 2004 -2- kanals 9 marlas and for permanent injunction restraining the appellant- defendant No. 5 and other respondents-defendants No. 1 to 4 from alienating that land. The suit of the plaintiff was decreed by Civil Judge (Junior Division), Barnala, vide judgment and decree dated 7.11.2000. Against that judgment and decree, the present appellant-defendant No. 5 and Sukhwinder Kaur-defendant No. 4, preferred an appeal, which was dismissed by Additional District Judge, Barnala, vide judgment and decree dated 16.10.2002. The same has been challenged in this appeal by the appellants. Cross objections filed by respondent No. 1-plaintiff were to be heard along with this appeal. The application has been filed under Order 23 Rule 3 read with Section 151 CPC for deciding the appeal and cross objection in view of the compromise dated 19.8.2010, entered into between the parties. The compromise (Annexure C-1)has been made part of this application. Affidavits of the parties are also annexed with therewith wherein they have deposed that they have entered into the said compromise and their rights be declared as per that compromise. In view of the compromise, so entered into between the parties, Babu Singh and Jasbir Singh,-respondents No. 2 and 3 - defendants No. 1 and 2 are declared to be the owners in possession of 143 kanals of the land situated in village Burj Fatehgarh, Tehsil Barnala, in equal shares as described in para 3(a) of the compromise and land measuring 41 kanals 6 marlas situated in village Maur Nabha, Tehsil Barnala, in equal shares as fully detailed in para No. 3(d) of the compromise. Nachhattar Kaur- respondent No. 4-defendant No. 3 is declared to be the owner in exclusive Regular Second Appeal No. 2531 of 2004 -3- possession of the land measuring 40 kanals 11 marlas situated in the revenue estate of village Burj Fatehgarh, Tehsil Barnala, fully detailed in para No. 3(b) of the compromise. Lakhwinder Singh, appellant-defendant No. 5 is declared to be the exclusive owner in possession of the land measuring 60 kanals 3 marlas situated in village Maur Nabha, Tehsil Barnala, fully detailed in para No. 3 ( c) of the compromise. Compromise (Annexure C-1) shall form part of the decree. The appeal is disposed of accordingly. Decree sheet be prepared. (GURDEV SINGH) JUDGE December 01, 2010 PARAMJIT