RFA No.84 of 2001 23.11.2009 Present: Mr. Ramakant Sharma, Advocate for the appellants. Mr. Vinay Kuthiala, Advocate, for respondents No.1 to 4. Mr. Anshul Bansal, Addl. A.G. with Mr. R.P. Singh, Assistant A.G. for respondent No.5. CMP No.940 of 2009 Allowed as not opposed. The appellant No.2 Nathpa Jhakri Power Corporation, Shimla is substituted by Satluj JaL Vidut Nigam Ltd. The amended memo of parties is already on record. RFA No. 84 of 2001 with CMP No.941 of 2009 An application under Order 23 Rules 1,3, read with Section 151 C.P.C. has been filed by both the parties alongwith “agreement of out of Court settlement” dated 26.4.2007. The application is supported by affidavits of Beas Mani claimant as well as D. Sarveswar, Dy. General Manager, Satluj Jal Vidyut Nigam Ltd. The application is also signed by learned counsel for the parties, who have submitted that the parties have settled their dispute in terms of “agreement of out of Court settlement” Annexure A-2 and they have prayed for disposal of the appeal in terms of Annexure A-2. as well as application under Order 23 Rules 1 ,3 read with Section 151 CPC being CMP No.941 of 2009 including para-5 of the application which is reproduced herein below:- “That the Settlement Ann. A-2 has been made on the basis of the undertaking given by the interest holders in the shape of affidavits that they and their successors/assignees/representatives shall not lodge any claim of enhancement of compensation in any Forum in future in respect of the land acquired for the NJHEP and that the Settlement Annexure A-2 is full and final as well as binding on all the parties, except for the claim of buildings and trees. The claimants submit that they have filed Cross Appeal which has been registered as RFA No.190 of 2001 and they do not want to press it so far they pertains to the enhancement of market value of land”. It has been submitted by learned counsel for the parties that on the request of parties this Court has disposed of several appeals in the manner submitted by the parties in the application under Order 23 Rules 1, 3 read with Section 151 C.P.C. and ““agreement of out of Court settlement” dated 26.4.2007. I have gone through the application under Order 23 Rules 1, 3 read with Section 151 C.P.C. which is supported by affidavits of Beas Mani and D. Sarveswar. The appeal is dismissed as withdrawn in terms of “agreement of out of Court settlement” Annexure A-2 and CMP No.941 of 2009, including para-5 of the application. CMP No.942 of 2009 For the reasons stated, the application is allowed. There shall be an order in terms of the prayer part of the application with liberty to the parties to approach the Court regarding calculations made in the application. However, it goes without saying that the assesses would be at liberty to defend themselves before the Income-tax authorities under the Income-tax Act, 1961. Such defence of course shall be on its merits and in accordance with law. CMP No.943 of 2009 The parties have compromised the appeal which has been dismissed as withdrawn in terms of “agreement of out of Court settlement” Annexure A-2 along with in terms of CMP No.941 of 2009. The Court fee be refunded to appellant No.2 in accordance with law. The application is disposed of. ( Kuldip Singh) Judge November 23, 2009 (sks)