RSA No.4028 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.4028 of 2008( O & M) Date of Decision:25.05.2009 Kaka Singh & anr. ....appellants Versus Balwinder Singh & Ors. .....respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG Present: Mr.S.K.Garg Narwana,Advocate for the appellants Mr.Mohit Garg, Advocate for the respondent **** RAKESH KUMAR GARG J. CM No.6450-C of 2009 This is an application under Order 23 Rule 3 CPC read with Section 151 CPC to place on record compromise deed dated 22.05.2009 (Annexure R-7) along with affidavits (Annexures R-8 to R-12). It has been mentioned in this application that the parties have settled the dispute with the intervention of the respectables and as per the compromise deed dated 22.05.2009 the land in dispute which was relinquished by Kaka Singh in favour of Balu Singh shall remain with him as owner and the respondents i.e.Balwinder Singh, Rajender Singh, Gurmail Singh and their mother Ramo Devi will not have any kind of claim over this property. It is prayed that this appeal be disposed of in view of the compromise Annexure R-7. Compromise deed dated 22.05.2009 along with other RSA No.4028 of 2008 2 affidavits are taken on record. Compromise deed is marked as 'CX'. The parties are present in the Court and have been identified by their respective lawyers. Their statements have been separately recorded which shall also form part of this judgment. As per the compromise Annexure R-7 which is supported by the affidavits of all the respondents and the statement made by them in the Court today, the applicants/respondents have left their claim over the property in dispute and they have accepted that Balu Singh, appellant, shall remain the owner in possession of the property in dispute and the release deed dated 05.07.2000 is valid. It has been further stated in the compromise that the applicants/respondents will receive a sum of Rs.5,50,000/- vide draft Nos.154837, 154838, 154839 and 154840 dated 22.05.2009 in full and final settlement of their claim in the Court. The applicants/respondents have received the sum of Rs.5,50,000/- vide draft Nos. 154837, 154838, 154839 and 154840 dated 22.05.2009 today in the Court and the photo copies of these drafts have also been placed on record. In view of the aforesaid this application is allowed. The parties shall be bound the compromise Mark 'CX' and the statements and affidavits made by them in the Court which shall be part of the judgment and decree. RSA No.4028 of 2008 The appeal is allowed in terms of the compromise 'CX' and judgment and decree of the Lower Appellate Court is set aside. Resultantly the suit of the plaintiff-respondents is dismissed. (RAKESH KUMAR GARG) JUDGE 25.05.2009 neenu