Disposed

Nahar Singh v. Baldev Singh

Punjab & Haryana HC10 Jul 2013RSA/1973/1997

Case brief

AI extract

What is this about?

This judgment addresses an appeal filed regarding a suit for declaration of ownership over land. The High Court disposed of the appeal on the basis of a compromise agreement dated 22.5.2013 reached between the parties, recorded under Order 23 Rule 3 CPC.

What did the court decide?

The appeal was disposed of in terms of the recorded compromise dated 22.5.2013; a decree was drawn accordingly.

Nahar Singh Vs Baldev Singh — Property and Title | Punjab & Haryana HC (2013)

¶1

C.M.No.6147-C of 2013 in/and RSA No.1973 of 1997 (O&M)

¶2

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

C.M.No.6147-C of 2013 in/and RSA No.1973 of 1997 (O&M) Date of decision:10.07.2013

¶5

Nahar Singh

¶6

....Applicant/Appellant

¶7

Versus

¶8

Baldev Singh & others

¶9

....Respondents

¶10

CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG

¶11

Present:- Mr. Premit Kalia, Advocate for the applicant/ appellant.

¶12

Mr. Malkeet Singh, Advocate for the respondents.

¶13

RAKESH KUMAR GARG, J (ORAL)

¶14

Vide judgment dated 29^th January, 1996 suit for declaration was decreed to the effect that plaintiff-Nahar is sole owner of land measuring 44 Kanals 12 Marlas as detailed in the head note of the plaint, with consequential relief restraining the defendants i.e. Baldev Singh, Sukhdev Singh sons of Pal Singh and Gurbinder Singh and Baljinder Singh sons of Geja Singh, from interfering in his peaceful possession of the suit property.

¶15

Against the aforesaid judgment and decree of the trial Court, appeal was filed only by Baldev Singh and Gurbinder Singhdefendants, which was allowed and suit of plaintiff-Nahar Singh was dismissed.

¶16

C.M.No.6147-C of 2013 in/and RSA No.1973 of 1997 (O&M)

¶17

¶18

The instant appeal has been filed at the instance of the plaintiff-Nahar Singh and is pending in this Court, after admission.

¶19

The instant application i.e. C.M.No. 6147-C of 2013 has been filed under Order 23 Rule 3 C.P.C for disposing of the appeal, as per the compromise (Annexure C-1) reached between the parties. The application is supported by an affidavit of Nahar Singh-plaintiff. The original compromise (Annexure C-1) has also been placed on record of the case along with the application.

¶20

Parties are present in the Court except Baljinder Singh-

¶21

defendant.

¶22

However, Gurbinder Singh is claiming to be attorney of his brother Baljinder Singh. Parties are duly identified by their counsels.

¶23

Both the parties through their counsels have stated that the instant appeal be disposed of in terms of said compromise and compromise (Annexure C-1) has been accepted to be true. The compromise has also been countersigned by the counsel of the parties.

¶24

Keeping in view the submissions made, main case is taken on board and the appeal is disposed of, in terms of compromise (Annexure C-1) dated 22.5.2013 which has been placed on record and has been accepted by both the parties.

¶25

Parties shall be bound by the compromise.

¶26

The compromise shall be a part of the judgment and

¶27

decree of this Court.

¶28

C.M.No.6147-C of 2013 in/and RSA No.1973 of 1997 (O&M)

¶29

¶30

Let the decree be drawn in terms of compromise.

¶31

Disposed of.

¶32

July 10, 2013 savita

¶33

(RAKESH KUMAR GARG) JUDGE

Nahar Singh v. Baldev Singh

Case brief

What is this about?

What did the court decide?

Nahar Singh v. Baldev Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bimal Kumar Vs Indu Jain & Ors.

Agrim and Ors. Vs Satish Kumar Thareja

M/S Bajrang Lal Amit Kumar and Anr. Vs Ram Niwas and Ors.

Oriental Bank of Commerce Vs Sahib Singh Aulakh

State of Punjab Vs M/S Shakti Rice and Ors.

Balan & Ors. Vs Dhanbir Singh Lochab