On a consensus reached between the parties, the appellate court allowed the appeal to the extent of dismissing the respondents' suit regarding properties listed in Annexure-B, modifying the impugned judgment and decree accordingly.
The suit of the respondents was dismissed to the extent of properties mentioned in Annexure-B.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.195 of 2001 (O&M) Date of decision: 14.9.2010
Parampal Singh
......Appellant(s)
Versus
Smt. Jagdish Inder Kaur and others
......Respondent(s)
CORAM:HON'BLE MR.JUSTICE RAKESH KUMAR GARG
Present: Mr. M.L. Sarin, Sr. Advocate with Ms. Alka Sarin, Advocate for the appellant.
Mr. Chetan Mittal, Sr. Advocate with Mr. Vishal Garg, Advocate for the respondents.
Rakesh Kumar Garg, J. (Oral)
During the course of arguments, Mr. Vishal Garg, learned counsel appearing on behalf of the respondents, has submitted before this Court that the respondents are ready to leave their claim upon the properties as mentioned in Annexure-B (Ex.DW-1/C) as attached with this appeal along with Annexure P-1 (at pages 30 and 31 of the paper book of this appeal).
Ms. Alka Sarin, learned counsel appearing on behalf of the appellant, on instructions from Mr. Gursimran Singh son of Parampal Singh, who is present in Court, states that the offer is acceptable to the appellant and has further stated that she has no objection if the appeal filed by the appellant is accepted in his favour to the extent of properties as mentioned in Annexure-B (Ex.DW-1/C) and the suit of the plaintiffrespondents is dismissed to that extent. It has been further submitted by her that in case the suit of the plaintiff-respondents is dismissed qua the property as mentioned in Annexure-B (Ex.DW-1/C) and in favour of the
RSA No.195 of 2001 (O&M)
-2-
appellant, the appellant will not claim any other property or share in the remaining property.
Mr. Vishal Garg, Advocate has accepted the aforesaid
statement.
In view of the consensus reached between the parties, the appeal is allowed in the aforesaid terms to the extent of dismissing the suit qua the properties as mentioned in Annexure-B (Ex.DW-1/C).
Accordingly the appeal is partly accepted and the impugned judgment and decree is modified to the extent aforesaid.
September 14, 2010 (RAKESH KUMAR GARG) ps JUDGE
1 issue framed by the court
Whether the appeal should be allowed on the basis of a settlement regarding specific properties.
Parampal Singh
Smt. Jagdish Inder Kaur
Rakesh Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
