IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Regular Second Appeal No. 3952 of 2009 Date of decision : April 27, 2010 Madan Lal ....Appellant versus Vinod Kumar ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Sandeep Khunger, Advocate, for the appellant Mr. Umesh Kumar, Advocate, for the respondent L.N. Mittal, J. (Oral) Defendant Madan Lal has filed this second appeal. Suit filed by respondent Vinod Kumar for possession of suit property by way of specific performance of agreement to sell was dismissed by the trial court but has been decreed by the lower appellate court. During pendency of the instant second appeal, parties have effected compromise Annexure A/1. Respondent-plaintiff has also furnished affidavit Annexure A/2 regarding the compromise. According to the compromise, the appellant has refunded the earnest money to the plaintiff-respondent to his entire satisfaction and accordingly, the instant second appeal is to be allowed and suit filed by plaintiff-respondent is to be dismissed. Learned counsel for the respondent admits that the parties have effected compromise Annexure A/1 and the respondent has also furnished Regular Second Appeal No. 3952 of 2009 -2- affidavit Annexure A/2 regarding the compromise. In view of the aforesaid, I am satisfied that the appeal has been lawfully compromised. Accordingly, in view of the compromise the instant second appeal is allowed and judgment and decree dated 12.3.2009 passed by learned Additional District Judge, Ferozepur are set aside and judgment and decree dated 21.9.2007 passed by learned Additional Civil Judge (Senior Division), Ferozepur are restored and the suit filed by the plaintiff- respondent stands dismissed leaving the parties to bear their own costs throughout. ( L.N. Mittal ) April 27, 2010 Judge 'dalbir'