Allowed

Darshan Singh v. Karnail Kaur

Punjab & Haryana HC19 Mar 2012RSA/2347/1993

Case brief

AI extract

What is this about?

This appeal was disposed of on the parties' compromise. The Court allowed the application under Order 23 Rule 3 CPC. The second appeal was allowed, the prior judgment and decree were set aside, and a fresh decree in terms of the compromise was ordered. The attached property would be released upon receipt of the balance payment.

What did the court decide?

Second appeal allowed; judgment and decree of Trial and First Appellate Courts set aside; fresh decree in terms of compromise deed; property to be released upon receipt of balance payment.

Darshan Singh Vs Karnail Kaur — Contract and Commercial Disputes | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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C.M. No. 3040-C of 2012 & R.S.A. No. 2347 of 1993(O&M) Date of Decision: 19.3.2012.

Darshan Singh

--Appellant

Versus

Karnail Kaur & others

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--Respondents

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CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.

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Present:Mr. A.P. Kaushal, Advocate for Mr. R.K.S. Brar, Advocate for the appellant.

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Mr. H.R. Bhardwaj, Advocate for Mr. R.K. Battas, Advocate for respondents no.1 to 5.

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TEJINDER SINGH DHINDSA.J

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This is an application under Order 23 Rule 33 of the Code of Civil Procedure for disposing of the main second appeal in terms of the compromise dated 19.9.2011. The application is duly supported by an affidavit of Darshan Singh, appellant. Compromise dated 19.9.2011 is appended along with the application as Annexure A-1. Even the respective counsel for the parties are ad idem that the matter has since been compromised and the present second appeal be disposed of in view of the compromise deed dated 19.9.2011 (Annexure A-1).

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In view of the above, application is allowed as prayed for. RSA No. 2347 of 1993 (O&M)

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A suit for recovery of Rs.2 lacs filed by the plaintiff-respondent was partly decreed for a sum of Rs.1,28,000/- along with the future interest @ 6% per annum from the date of institution of the suit till the realization of the decretal amount. The appeal filed by the defendant-appellant was

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R.S.A. No. 2347 of 1993(O&M)

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-2-

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dismissed by the First Appellate Court thereby affirming the judgement and decree of the Trial Court. It is under such circumstances that Darshan Singh, appellant is in second appeal before this Court.

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In terms of the compromise deed Rs.80,000/- has already been paid by the appellant Darshan Singh on 5.2.1994. The parties have agreed that the balance amount of damages to the extent of Rs.90,000/- would be paid at the time of making statement before this Court. Learned counsel appearing for the respondents states that the balance amount of Rs.90,000/has been received by his client from the appellant Darshan Singh in terms of the compromise deed. It is stated that in the execution proceedings initiated by the plaintiff-respondent the Patwari has made Rapat No.45 dated 3.10.1989 for attachment of the whole share of property of appellant Darshan Singh. In view of the compromise effected between the parties and upon receipt of the balance amount of Rs.90,000/- the plaintiff-respondent would have no objection for the attached property to be released in favour of the appellant Darshan Singh.

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Accordingly, the present regular second appeal is allowed. The judgement and decree passed by the Trial Court and as affirmed by the First Appellate Court are set aside. Fresh decree be prepared in terms of the compromise deed dated 19.9.2011 (Annexure A-1).

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The present regular second appeal is disposed of accordingly.

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(TEJINDER SINGH DHINDSA) JUDGE

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19.3.2012. lucky

Darshan Singh v. Karnail Kaur

Case brief

What is this about?

What did the court decide?

Darshan Singh v. Karnail Kaur

Case brief

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What did the court decide?

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