IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.5228-C of 2009 and RSA No.4610 of 2000 Date of decision: 12.5.2009 Hanuman ......Appellant Versus Rajinder Kumar and others ......Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Ashok Verma, Advocate for the appellant. (Dinesh Kumar-appellant with him). Mr. Suman Jain, Advocate for the respondents. (Rajinder Kumar, respondent No.1 with him). * * * Rakesh Kumar Garg, J. This is an application with a prayer to dispose of the aforesaid appeal in terms of Compromise Deed dated 21.2.2009 Annexure C-1 which has been attached with CM No.5228-C of 2009. As per this compromise deed which has been executed between one Dinesh Kumar (who was brought on record vide order dated 31.8.2004 as appellant in substitution of appellant Hanuman) and Rajinder Kumar respondent No.1, appellant Dinesh Kumar has parted with an area of 19 inches in width in favour of Rajinder Kumar respondent No.1 and consequently, he would remain in actual possession of the area of 44 feet and 3 inches in length and 7 feet and 9 inches in width of his Shop No.B-3/76 and respondent No.1 has come in actual possession of the area of 44 feet and 3 inches in length and 9 feet and 11 ½ inches in width of his shop No.B-3/77 and thus, they are in possession of their respective portions and now, there remains no dispute between them after having separated their share by erecting a wall and separate independent passage to each part. CM No.5228-C of 2009 and RSA No.4610 of 2000 -2- The compromise Annexure C-1, has been signed by appellant Dinesh Kumar and respondent No.1 Rajinder Kumar and is also signed by their counsel. The parties are present in Court and they have accepted the correctness of the compromise Annexure C-1. It has been jointly stated by both the parties that the dispute in this appeal was between them only and respondents No.2 and 3 have nothing to do with the property in dispute as they have already sold their share to the respective parties. In view thereof, this application is allowed as prayed. Compromise Annexure C-1 is taken on record and the main appeal is disposed of in terms of the aforesaid compromise, Annexure C-1 which shall form part of the judgment and decree. Parties shall remain bound by the compromise Annexure C-1. Main appeal is disposed of having been compromised. May 12, 2009 (RAKESH KUMAR GARG) ps JUDGE