IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA.No.4606 of 2009 (O&M) Decided on 02.11.2010. Gurmail Singh --Appellant vs. Roshan Lal -- Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Amandeep Chhabra,Advocate,for Mr.C.M.Munjal,Advocate,for the appellant Mr.Ankur Soni,Advocate,for the respondent Rakesh Kumar Jain, J,(Oral) Learned counsel for the appellant has submitted that the remaining amount of Rs.4,50,000/- has also been paid to the respondent. This fact is admitted by the learned counsel for the respondent. On 18.2.2010, following order was passed by this Court:- “This appeal arises out of a judgment and decree passed by the learned Courts below in a suit for recovery of Rs.10,67,000/-. During the course of hearing, learned counsel for the appellant has made a statement that appellant Gurmail Singh is ready and willing to make payment of Rs.8.5 lacs towards the principal amount. It is submitted that in case the proposal is accepted by the respondent, then RSA.No.4606 of 2009 (O&M) -2- he would withdraw the appeal and would not prosecute it henceforth. At this stage, Sh.Sunil Sharma, learned counsel for the respondent, on instructions from his client, has accepted the proposal made by learned counsel for the appellant and has submitted that if the principal amount is paid, then he would have no grievance left to be addressed to this Court. Learned counsel for the appellant has submitted that in order to pay the amount of Rs.8.5 lacs, the appellant is required to sell his property which was ordered to be attached by the Court below. If an appropriate order is passed by this court for the purpose of selling his land, he would sell the land and make the payment within three months from today. A separate statement of Gurmail Singh has been recorded, who is present in Court,after making him understand about the undertaking he has given to this Court. Adjourned to 18.5.2010. In the meantime, the property which has been attached vide order dated 7.8.2006 passed by Civil Judge (Sr.Divn),Rampura Phul shall be released. It is,however, made clear that in case the arrangement made in the Court today, is not followed in its true letter and spirit, then the appeal would be deemed to have been dismissed”. In view of the fact that the entire amount of Rs.8.5 lacs has been paid by the appellant to the respondent, therefore, as per statement made today, the respondent is left with no grievance as nothing remains to be recovered from the appellant in terms of the RSA.No.4606 of 2009 (O&M) -3- judgment and decree of the Courts below. In view thereof, the present appeal is disposed of. 02.11.2010 (Rakesh Kumar Jain) RR Judge