CR No.2014 of 2010 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No.2014 of 2010 (O&M) Date of Decision: 23 - 7 - 2010 Ram Singh ....Petitioner v. Kulwinder Singh ....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.D.S.Brar, Advocate for the petitioner. Mr.G.S.Punia, Advocate for the respondent. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Kulwinder Singh respondent had filed a suit for permanent injunction. During the pendency of the suit, a compromise, Annexure P1, was placed on the trial court's record. It was stated therein that plaintiff Kulwinder Singh (respondent herein) had agreed to give one marla of land to defendant Ram Singh (petitioner herein) in addition to the share of Ram Singh petitioner. In view of the compromise, the suit was decreed. A joint statement of Kulwinder Singh plaintiff and Ram Singh defendant was recorded on 16.9.2008. Mr.G.S.Punia, counsel for the respondent-plaintiff states that actual possession of one marla land had been delivered to the petitioner. Plaintiff-respondent sought execution of the consent decree passed. Petitioner-defendant filed the objections. It was stated in the objections that CR No.2014 of 2010 (O&M) [2] the compromise cannot be implemented as the Tehsildar in the revenue record has refused to implement the same on the ground that for the dimensions of one marla land entry cannot be made in the revenue record. The executing Court considered the objections and held that Kulwinder Singh respondent-plaintiff had given up his ownership of one marla land in favour of Ram Singh petitioner-defendant on the basis of compromise. Non sanctioning of the mutation in his favour cannot be termed as disobedience of the decree which was passed on the basis of compromise. Without initiating any coercive action, the respondent-plaintiff was directed to allow the petitioner-defendant to lay underground pipe in the land which formed part of the decree dated 16.9.2008. Petitioner-defendant having taken the possession of one marla land, ownership of which vested in him, as per the decree has approached this Court that compromise is unenforceable. Guided by the principle that amongst the cultivators having adjoining land being neighbours peace, amity, harmony and cordial relations should prevail, this Court on 19.7.2010 directed that the Tehsildar, Kharar should remain present in Court. In pursuance thereof Mr.Rajesh Dhiman, Tehsildar, Kharar is present in Court. He stated that on the basis of the decree and the order passed by this Court, mutation will be sanctioned in the name of the petitioner. Consequently, the Tehsildar, Kharar is directed to sanction the mutation on the basis of the decree. In the revenue record, ownership, possession and dimension of one marla area shall be reflected in the name of the petitioner. The order shall be complied with by the Tehsildar within 10 days from the date of receipt of a certified copy of this order. The revision petition is disposed of in the above terms and CR No.2014 of 2010 (O&M) [3] impugned order passed by the Executing Court is upheld and the same shall be followed by the petitioner. ( KANWALJIT SINGH AHLUWALIA ) July 23, 2010. JUDGE RC