In a second appeal regarding possession of a residential house, the High Court allowed the compromise application and dismissed the appeal as withdrawn upon settlement between parties.
Compromise dated 23.9.2013 recorded; Appeal dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
RSA 1234/2007(O&M)
1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
RSA No.1234/2007(O&M) Date of decision:30/09/2013
Raje and others
.............Appellants.
v.
Rajinder etc.
.............Respondents
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.Sudhir Mittal,Advocate for the applicants/appellantsdefendants 1 to 3. Mr.RM Singh,Advocate for respondents.
Jaswant Singh,J.(Oral)
Defendants 1 to 3 are in second appeal against the concurrent judgments passed by both the Courts below whereby the suit of plaintiffs/respondents 1 and 2 for possession of a residential house bearing Municipal No.1001/7, Ward No.7, Jain Bagh Colony, Opposite Hindu High School, Sonipat, was decreed by the learned Civil Judge (Senior Division)Sonipat vide judgment and decree dated 24.12.2005 and the findings thereof were affirmed by the learned District Judge, Sonipat vide judgment and decree dated 24.2.2007 while dismissing the appeal of the appellants/defendants.
The appellants/defendants were claiming adverseJoshi Rajinder Prashad 2013.09.30 16:02 I attest to the accuracy of this Order. High Court, Chandigarh.
2
RSA 1234/2007(O&M)
possession of the suit property and this Court vide order dated 27.4.2007 Admitted the appeal and directed the parties to maintain status quo regarding possession over the suit property.
It is borne from the record that before the first Appellate Court, respondent no.4,Shashi and respondent no.5 Puran Chand were impleaded in view of the plaintiffs firstly having sold the residential house/suit property to respondent no.4 Shashi who subsequently sold the same to respondent no.5 Puran Chand.
CM No.10423-C/2013 has been filed by the appellants praying for permission to withdraw the present appeal in view of they having entered into settlement with said Puran Chand vide written agreement dated 23.9.2013 annexed with the application as Annexure C1.
Counsel for the respondents/plaintiffs who is present in Court states that he has no objection if the present appeal is withdrawn in view of the compromise.
In view of the aforesaid agreed stand, CM No.10423C/2013 is allowed and compromise dated 23.9.2013 is taken on record as Annexure C1 and the present appeal is dismissed as withdrawn in view of the said compromise.
30.09.2013. (Jaswant Singh) joshi Judge
Joshi Rajinder Prashad 2013.09.30 16:02 I attest to the accuracy of this Order. High Court, Chandigarh.
Raje and others
Rajinder etc.
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
