C.M.No.8393-CII of 2009 and #1# C.R.No.5650 of 2003 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.M.No.8393-CII of 2009 and C.R.No.5650 of 2003 Date of Order: 5.5.2009 Gurdeep Singh .....Petitioners Versus Smt Dalbiro alias Narinderjit Kaur and others Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. K.D.S. Sodhi, Advocate for the applicant-petitioner. Ms. Mamta Rani, Advocate for Mrs. Sushma Chopra, Advocate for respondent No.1. JASWANT SINGH, J (ORAL) Plaintiff-respondent No.1 Smt Dalbira @ Narinderjit Kaur filed a suit for declaration to the effect that she is owner in possession of the suit land being Class-I heir (daughter) of the original owner Shri Balwant Singh with consequential relief of Permanent Injunction. The suit was contested by petitioner-defendant No.1 Gudeep Singh on the ground that a registered Will had been executed by the said Balwant Singh in his favour. Learned Trial Court while deciding issue No.4, held that defendant-Gurdeep Singh has proved that the deceased Balwant Singh executed a registered Will in his favour on 27th September, 1982 and therefore the counter claim set up by Gurdeep Singh was decreed vide judgment and decree dated 3rd of March, 1998. Aggrieved and dissatisfied with the aforesaid decree, the respondent No.1-plaintiff Smt Dalbira alias Narinderjit Kaur filed an appeal. The learned Appellate Court vide order dated 29.3.2003 remanded the matter back to the Trial Court on account of non-service on some of the C.M.No.8393-CII of 2009 and #2# C.R.No.5650 of 2003 defendants. Against the order dated 29th of March, 2003, the present revision petition was filed by petitioner-defendant No.1 Gurdeep Singh. During the pendency of the revision, the aforementioned Civil Misc No.8393-CII of 2009 was filed stating that a compromise (Annexure A.1) had been effected between the petitioner Gurdeep Singh and contesting respondent Smt Dalbira alias Narinderjit Kaur. Notice of the application was issued to the counsel for contesting respondent No.1-plaintiff. In response, Smt Dalbiro alias Narinderjit Kaur-petitioner is present in the Court and has been identified by her counsel. She has also filed her affidavit dated 27.4.2009, which is taken on record and marked as Mark 'A'. In para No.3 of the said affidavit, it has been averred as under: “That now the compromise has been effected on 14.8.2008 with the intervention of the respectables and Panchayat of the Village. And the contesting respondent No.1 namely Dalbiro @ Narinderjit Kaur wife of Kulwinder Singh has accepted the judgment and decree dated 3.3.1998 passed by Smt Harveen Bhardwaj ACJ (SD), Nakodar as correct.” She, before the Court has also submitted on the aforesaid lines and further stated that she has no objection if the present revision petition is allowed. Therefore, in view of the agreed stand and the compromise, the present revision petition is allowed and the impugned order dated 29.3.2003 is set aside. May 05, 2009 ( JASWANT SINGH ) manoj JUDGE