Partly allowed

M/S Chandigarh Overseas Pvt. Ltd. v. Ashwani Gupta & Anr.

Punjab & Haryana HC10 Aug 2016RSA/211/2016

Case brief

AI extract

What is this about?

In RSA No.211 of 2016, the Punjab and Haryana High Court disposed of a second appeal for specific performance. The parties reached a compromise at the Mediation and Conciliation Centre. The Court upheld the compromise, set aside the trial and appellate court's order setting aside the sale deed, and ordered the deed be upheld. It is a non-reasoned order.

What did the court decide?

Suit disposed of in terms of compromise; sale deed dated 04.07.2005 ordered to be upheld; parties bound by compromise.

M/S Chandigarh Overseas Pvt. Ltd. Vs Ashwani… — Specific Performance | Punjab & Haryana HC (2016)

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RSA No.211 of 2016

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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RSA No.211 of 2016 Date of Decision.10.08.2016

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M/s Chandigarh Overseas Pvt. Ltd.

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.......Appellant

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Vs.

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Ashwani Gupta and another

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........Respondents

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Present: Mr. Puneet Bali, Senior Advocate with Mr. Paramveer Singh, Advocate and Mr. Veer Singh, Advocate for the appellant.

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Mr. Salil Sabhlok, Advocate for the respondents.

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CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

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-.-

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AMIT RAWAL J. (ORAL)

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This Court vide order dated 27.05.2016 had sent the matter to the Mediation and Conciliation Centre of this Court. This Court appreciates that the Mediator of this Court made an attempt to resolve the dispute between the parties and the parties have arrived at a compromise/settlement, which has been signed by parties and annexed with the report of the Mediator, which is taken on record as Annexure C-1.

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The appellant is the subsequent vendee and suit was for specific performance of agreement to sell dated 08.04.2004. The trial Court, upheld by the lower Appellate Court, set aside the sale deed dated 04.07.2005 of the appellant, being subsequent vendee. In view of the compromise, the sale deed has to be upheld.

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Accordingly, the suit of the respondent-plaintiff is disposed of in terms of the compromise and the sale deed in favour of the appellantPANKAJ KUMAR 2016.08.22 12:14 defendant No.2 dated 04.07.2005 executed by defendant No.1 is ordered to I attest to the accuracy and integrity of this document

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RSA No.211 of 2016

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-2-

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be upheld. Parties shall be bound by the compromise. The compromise deed be made part of the record.

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The regular second appeal is disposed of in terms of compromise entered between the parties.

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(AMIT RAWAL) JUDGE August 10, 2016 Pankaj* Whether reasoned/speaking Yes Whether reportable No

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PANKAJ KUMAR 2016.08.22 12:14 I attest to the accuracy and integrity of this document

M/S Chandigarh Overseas Pvt. Ltd. v. Ashwani Gupta & Anr.

Case brief

What is this about?

What did the court decide?

M/S Chandigarh Overseas Pvt. Ltd. v. Ashwani Gupta & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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