Appeal by a daughter against a judgment upholding a father's will was dismissed as withdrawn upon settlement of the dispute via compromise among siblings.
The appeal is dismissed as withdrawn due to a compromise dated 23.9.2013 between the siblings.
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RSA 3684/2011(O&M)
1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
RSA No.3684/2011(O&M) Date of decision:09/10/2013
Paramjit Kaur
.............Appellant.
v.
Kuldip singh and others
.............Respondents
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.S.S.Swaich,Advocate for the applicant/appellantplaintiff. Mr.Sham Lal Bhalla,Advocate for the contesting respondents 1&2/defendants 1 & 2/caveators
Jaswant Singh,J.(Oral)
The dispute is between sister-plaintiff Paramjit Kaur and her two brothers-defendants 1 and 2 regarding the property left behind by their father Sardara Singh.
Plaintiff Paramjit Kaur claims her 1/10th share by way of natural succession whereas defendants 1 and 2 have set up a registered Will dated 17.12.1992 executed by their father-Sardara Singh bequeathing his entire property in their favour during his lifetime.
The learned Additional Civil Judge (Senior Division)
Fatehgarh Sahib vide judgment and decree dated 30.9.2009 decreed theJoshi Rajinder Prashad 2013.10.09 16:44 I attest to the accuracy of this Order. High Court, Chandigarh.
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RSA 3684/2011(O&M)
suit of the plaintiff by discarding the Will, whereas the appeal of defendants 1 and 2 was allowed by the learned District Judge, Fatehgarh Sahib vide judgement and decree dated 30.5.2011 upholding the registered Will dated 17.12.1992 in their favour while setting aside the judgment and decree passed by the trial court.
At the time of hearing CM No.10766-C/2013 has been moved praying for permission to withdraw the present appeal by the plaintiff/appellant in view of the brothers and sister having resolved their entire dispute by entering into a compromise dated 23.9.2013 (Annexure AX/1).
Counsel for the caveators/contesting respondents 1 and 2 admits the contents of the compromise and states that he has no objection if the appeal is permitted to be withdrawn.
In view of the agreed stand, the application is allowed and present appeal of the plaintiff/appellant is dismissed as withdrawn in view of the aforesaid compromise.
09.10.2013. joshi
(Jaswant Singh) Judge
Joshi Rajinder Prashad 2013.10.09 16:44 I attest to the accuracy of this Order. High Court, Chandigarh.
Paramjit Kaur
Kuldip Singh and others
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
