1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 1579 of 2009 (O&M) Date of Decision: 7.5..2009 *** M/s Rasandeep India Ltd. .. Appellant VS. Abdul Manan and Ors. .. Respondents. CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Sanjay Viz, Advocate for the appellant. Mr. Lokesh Sinhal, Advocate for respondent No.1. *** ARVIND KUMAR, J. CM No. 5567-C of 2009 CM is allowed. Compromise deed is taken on record as Ex.C1. RSA No. 1579 of 2009 This regular second appeal is being preferred by the appellant- defendant against the judgments and decrees passed by the Courts below by virtue of which in a suit for permanent injunction with a consequential relief of mandatory injunction filed by respondent No.1-plaintiff, he has been restrained from encroaching upon any portion of the land adjoining the industrial shed of the plaintiff and has been further directed to remove the construction raised by him over the road in question. In nutshell the controversy between the parties is relating to a short of land situated between the industrial sheds of appellant and respondent No.1, which according to the plaintiff was a passage while appellant asserted him to be portion of his land. Both the Courts below finding it as a passage directed the appellant to remove the obstruction caused by him thereupon and also not to cause any encroachment on it in future. Dis-satisfied with the same the defendant has preferred the instant 2 regular second appeal. Along with the appeal, the affidavit of respondent Abdul Manan, Managing Director, M/s Barqui Switch Gears Pvt. Ltd., has been filed containing the recitals that the respondent do not want to pursue the dispute, which has been amicably settled between the parties. It has been contended that the parties have amicably settled the dispute by entering into a compromise. Compromise deed, duly signed by appellant as well as plaintiff-respondent No.1 has been taken on record as Ex.C1. As per the compromise arrived at between the parties, it has been amicably settled that the plaintiff will not proceed with the matter any further and shall have no objection if the appeal filed by the appellant is allowed by setting aside the judgments and decrees passed by the Courts below, thereby dismissing the suit and the instant appeal be decided in terms of the compromise. In view of the consensus arrived at between the parties, the instant appeal is allowed, consequently setting aside the judgments and decrees passed by the Courts below. Registry is directed to prepare the decree-sheet and compromise Ex.C1, referred to above shall also form the part of the decree-sheet. It is also made clear that the parties are bound by compromise Ex.C1. (ARVIND KUMAR) JUDGE May 7,2009 Jiten