RSA No.4895 of 2001 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.8170-C of 2009, CM No.8171-C of 2009 and RSA No.4895 of 2001 Date of decision : 29-7-2009 Amar Ditti ....Appellant VERSUS Ram Ditti ...Respondent CORAM:- HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Jai Bhagwan, Advocate, for the appellant. Mr. Gurcharan Singh Bains, Advocate, for the respondent. RAJIVE BHALLA, J.(Oral) CM No.8170-C of 2009 Allowed as prayed for. The compromise deed dated 27-5-2009 and the site plan, Annexures A1 and A2 are taken on record. CM No.8171-C of 2009 Prayer in this application filed under Order 23 Rule 3 read with Section 151 of the CPC is for disposal of the appeal in terms of the compromise. RSA No.4895 of 2001 -2- The appellant impugns the judgments and decrees dated 2-6-2000 and 24-8-2001 passed by the Civil Judge (Junior Division) Patiala and the Additional District Judge, Patiala drawing up a preliminary decree holding that parties are owners in equal share of the disputed house and dismissing the appeal filed by the appellant. Counsel for the parties submit that during the pendency of the appeal, Ram Ditti the sole respondent passed away and is now represented by her legal representative Sat Pal Sindhi. A compromise, duly reduced into writing has been executed between the parties as that have agreed that the suit property, which is a house be partitioned amongst the parties in accordance with the terms and conditions set out in the compromise, as reflected in the site plan appended thereto. It is submitted by counsel for the parties that as per the compromise, the house measuring 64’x30’ is to be divided in such a manner that Amar Ditti would be entitled to 60’x20’ whereas Sat Pal Sindhi would be entitled to 60’x10’ as duly reflected in the site plan. The portion shown as blue would fall to the share of Amar Ditti as exclusive owner and the portion shown as red would fall to the share of Sat Pal Sindhi as exclusive owner. It is prayed that in view of the compromise between the parties, the appeal be taken up for hearing and disposed of in terms of the compromise. In view of the compromise between the parties the appeal is taken up for hearing. Smt. Amar Ditti wife of Sh. Parma Nand, resident of House No.256, Main Road, Street No.7, Tripri Town, Patiala is RSA No.4895 of 2001 -3- present in Court and has been duly identified by her counsel. Smt. Amar Ditti states that she acknowledges the correctness of the compromise, identifies her right thumb impressions affixed on various pages of the compromise and also accepts the correctness of her affidavit dated 27-05-2009 attested on 26-7-2009. She further states that she has no objection, if the appeal is decided in terms of the compromise. Sh. Sat Pal Sindhi son of Ghansham Dass, L.R. of late Ram Ditti wd/o Ghansham Dass, resident of H.No.292, Street No.7, Main Road, Tripuri Town, Patiala is present in Court and has been duly identified by his counsel. Sh. Sat Pal Sindhi states that he acknowledges the correctness of the compromise, identifies his signatures affixed on various pages of the compromise and also accepts the correctness of his affidavit dated 27-05-2009 attested on 6-7-2009. He further states that he has no objection, if the appeal is decided in terms of the compromise. I have heard counsel for the parties, perused the compromise Annexure A-1, the site plan Annexure A-2, affidavit of Smt. Amar Ditti dated 21-07-2009 and am satisfied that parties have compromised the matter by way of a bona fide settlement free from any fraud, coercion or undue influence. Smt. Amar Ditti and Sh. Sat Pal Sindhi are present in Court and have accepted the compromise and pray that the appeal be decided in terms of the compromise. In view of the compromise, the appeal is partly allowed, the suit filed by respondent is partly decreed in terms of the compromise Annexure RSA No.4895 of 2001 -4- A-1 and the site plan Annexure A-2. The parties shall be owners in possession of their shares as set out in the compromise Annexure A-1 and the site plan Annexure A-2. The compromise and the site plan shall form part of the judgment and decree. A decree sheet be drawn up in terms of the compromise and the site plan. The appeal stands disposed of accordingly. (RAJIVE BHALLA) 29-07-2009 JUDGE manju