RSA No. 4293 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH RSA No. 4293 of 2009 (O&M) Date of decision : 22.9.2011 ... Sukhdial ................Appellant vs. Chandermohan Sharma and others .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Sh. Puneet Jindal, Advocate for the appellants. Sh. Arjun Lakhanpal, Advocate for Sh. R.S. Chahal, Advocate for respondents no. 1 and 2. ... K.C. Puri, J. Ajudhya Parkash s/o Surjan Dass filed suit for declaration challenging the sale deed dated 28.12.1999 executed by Kartar Chand in favour of defendant No.2 Sukhdial s/o Nasib Chand, with consequential relief of permanent injunction restraining defendant No.2 from further alienating the house and from dispossessing the plaintiff and defendant No.3 from the same. The said suit after trial was dismissed. Ajudhya Parkash died during the pendency of the suit. His LRs were arrayed. The LRs of Ajudhya Parkash preferred the Ist Appeal, which was heard by Sh. Tarsem Mangla, Additional District Judge, Jalandhar and vide RSA No. 4293 of 2009 -2- judgment dated 2.9.2009, the appeal was accepted and Ajudhya Parkash was held owner of the ½ share in respect of the suit property. Feeling dissatisfied with the judgment dated 2.9.2009 passed by Sh. Tarsem Mangla, Additional District Judge, Jalandhar, the present regular second appeal has been preferred. Sukhdial – appellant, Chandermohan Sharma and Surindermohan Sharma – respondents No. 1 and 2 are present in Court and have been identified by their respective counsel. They have also placed on the record the special power of attorney executed by Manoj Kumar Sharma in favour of Chandermohan Sharma and special power of attorney executed by Krishankanta Sharma in favour of Surindermohan Sharma. The compromise/memorandum of settlement has also been placed on the file, in which it is mentioned that party No.2 be allowed to withdraw the suit. An amount of Rs. 3 lacs has been paid to Chandermohan Sharma and Surindermohan Sharma vide demand drafts No. 714396 and 714400 dated 20.9.2011, in view of compromise. Chandermohan Sharma and Surindermohan Sharma on their behalf and on behalf of their attorneys Manoj Kumar and Krishankanta Sharma, have stated at the Bar that they have settled the matter and they want to withdraw the suit. The compromise is taken on record and is marked as Exhibit CX. The power of attorney by Manoj Kumar is marked as Exhibit CX-1 and the power of attorney by Krishankanta Sharma is marked as Exhibit CX-2. So, in these circumstances, they are allowed to withdraw the suit. RSA No. 4293 of 2009 -3- Consequently, the suit stands dismissed as withdrawn. The appeal stands disposed of. ( K.C. Puri ) 22.9.2011 Judge chugh