A single judge allowed an appeal following a compromise between the parties. The respondents acknowledged the appellants' rights under a will and consented to the dismissal of the suit below.
The appeal is allowed; the judgment and decrees of the Courts below are set aside; the suit of the plaintiff-respondent is dismissed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM No.12120-C of 2010 and RSA No.2101 of 2008 (O&M) Date of decision: 25.10.2010
Parminder Kaur and another
......Appellant(s)
Versus
Gurdev Kaur
......Respondent(s)
CORAM:HON'BLE MR.JUSTICE RAKESH KUMAR GARG
Present: Mr. Binderjit Singh, Advocate for the appellants. Mr. Rakesh Chopra, Advocate for the respondent.
Rakesh Kumar Garg, J. (Oral)
Since a compromise has been effected between the parties, counsel for the respondent has no objection to grant permission to effect the compromise on behalf of Sumandeep Kaur, minor appellant No.2 which is in her benefit. The application, which is supported by an affidavit of appellant No.1-Parminder Kaur as well as certificate of the counsel for the appellant, is allowed as prayed.
A compromise dated 10.9.2010 executed between the parties has been placed on record of this Court. According to which, respondentGurdev Kaur acknowledges Will dated 26.12.1997 executed by Gobinder Singh in favour of Parminder Kaur and Sumandeep Kaur-appellants as genuine and valid and in view of the aforesaid, it is also consented by the respondent that the judgment and decrees of the Courts below be set aside and this appeal be accepted in favour of the appellants and suit of the plaintiff-respondent be dismissed.
Parties are also present in Court. Their statements have been recorded separately wherein they have admitted the factum of compromise. In their statements, the parties have further stated before this Court that this compromise has been effected between the parties on
CM No.12120-C of 2010 and RSA No.2101 of 2008 (O&M)
-2-
account of another compromise arrived at in Civil Suit No.209 of 23.9.1997 decided on 12.8.2010 whereby a compromise decree was passed between the parties.
Keeping in view the compromise effected between the parties, this appeal is accepted in terms of compromise dated 10.9.2010 which is taken on record as Annexure 'CI'. The parties shall remain bound by their statements made before this Court and the compromise deed Annexure 'CI' placed on record of this case. The compromise deed and the statements made before this Court shall form part of the decree.
Appeal is allowed as aforesaid. No costs.
Resultantly, judgment and decrees of the Courts below are set aside and suit of the plaintiff-respondent is dismissed.
October 25, 2010 (RAKESH KUMAR GARG) ps JUDGE
2 issues framed by the court
Whether the appeal should be allowed upon admission of a compromise between the parties.
Whether the compromise acknowledging the will and seeking dismissal of the suit should be recorded and accepted as a final order.
Parminder Kaur
Sumandeep Kaur
Gurdev Kaur
Rakesh Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
