RSA No. 2172 of 1998 -1- In the High Court of Punjab & Haryana at Chandigarh RSA No. 2172 of 1998 (O&M) Date of decision : 4.12.2009 Smt. Rami (deceased) through her LRs ..... Appellant vs Ashok Kumar and others ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sunil Panwar, Advocate, for the appellant Mr. Surinder Gandhi, Advocate, for respondent no. 1. Rajesh Bindal J. Challenge in the present appeal is to the judgment and decree of the courts below in a suit filed by deceased Smt. Rami who is now represented by her legal representatives, challenging adoption deed vide which respondent no. 1 (Ashok Kumar) was shown to have been adopted by her as son. Both the courts below have dismissed the suit, however, during the pendency of the present appeal before this court, the matter has been compromised between the parties. It is stated that the total land owned by deceased Rami is 55 kanals 8 marlas. The entire land was in possession of respondent no. 1 Ashok Kumar. Deceased Smt. Rami has three daughters namely, Smt. Gyano, Smt. Kalawati and Smt. Anchai, who are the appellants before this court being legal representatives of deceased Smt. Rami. As per the compromise arrived at between the parties, out of 55 kanals 8 marlas of land, Smt. Gyano and Smt. Kalawati had been given 13 kanals 4 marlas each and Smt. Anchai had been given 13 kanals and 16 kanals will remain with Ashok Kumar respondent no.1. As respondent no. 1 was in actual physical possession of the entire land, he had even handed over actual physical possession of khasra numbers as have been mentioned in compromise-deed dated 27.1.2009 to Smt. Gyano, Smt. Kalawati and Smt. Anchai. Smt. Gyano, Smt. Anchai and Ashok Kumar are present in person in court. Their statements have been recorded separately wherein they have admitted the factum of compromise arrived at between the parties. Smt. Anchai and Ashok Kumar have also produced on record the photo copies of their voter card and identity card respectively. Smt. Anchai has also identified her sister Smt. Gyano. It has also been settled between the parties that certain portion will be RSA No. 2172 of 1998 -2- left as common passage for the use of parties to approach their respective shares and the same will remain as joint rasta. Considering the compromise arrived at between the parties to be bonafide, the present appeal is disposed of in terms of the compromise annexed on record as mark-C along with site plan as Annexure A1. The compromise shall form part of the decree which shall be in terms thereof. It is, however, made clear that delivery of specific possession of khasra number to either of the parties in appeal shall not be considered as partition of land considering the fact that 55 kanals 8 marlas of land which deceased Smt. Rami owned, is half share in khewat of 110 kanals 17 marlas, in case actual partition with meets and bounds has not taken place. Judgment and decree of the courts below shall stand modified in terms of the compromise-deed. 4.12.2009 ( Rajesh Bindal) vs Judge