Disposed¶21

Gurmit Singh v. Jiwan Singh and Ors.

Punjab & Haryana HC28 Oct 2025RSA/695/2023

Case brief

AI extract

What is this about?

Compromise-based disposal of second appeal; Order XXIII Rule 3 CPC; Section 151 CPC; settlement between parties supported by affidavit; decree-sheet preparation incorporating compromise; Punjab and Haryana High Court at Chandigarh; RSA-695-2023 (O&M); CM-11372/11373/11374-C-2025; Gurmit Singh v. Jiwan Singh and others; compromise dated 05.05.2025 (AX-1); affidavit dated 08.09.2025 (AX-2); Nidhi Gupta, J.; decided 28.10.2025.

What did the court decide?

Main second appeal RSA-695-2023 disposed of in terms of compromise dated 05.05.2025 (Annexure AX-1); decree-sheet to be prepared with the compromise forming part of it; parties bound to abide by its terms; pending applications disposed of. ¶21

Gurmit Singh Vs Jiwan Singh and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the main second appeal RSA-695-2023 should be disposed of in terms of the compromise dated 05.05.2025 and the appellant's affidavit dated 08.09.2025, as sought under Order XXIII Rule 3 CPC read with Section 151 CPC.

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Court's answer

Application CM-11373-C-2025 is allowed as prayed for.

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Ratio / Principle

Application CM-11372-C-2025 (prayer to prepone the hearing date from 28.10.2025 to an early date) is disposed of as having been rendered infructuous.

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Key takeaways

The original compromise dated 05.05.2025 and the affidavit dated 08.09.2025 of the applicant-appellant/Gurmit Singh are taken on record as Annexures AX-1 and AX-2 respectively, subject to all just exceptions.ratio¶16
In view of the parties' positions, application CM-11374-C-2025 is allowed and the main second appeal bearing RSA-695-2023 is disposed of in terms of compromise dated 05.05.2025 (Annexure AX-1) effected between the parties.ratio¶21

Detailed headnote1 paragraphs

Oral order of a single judge (Nidhi Gupta, J.) of the High Court of Punjab and Haryana at Chandigarh, dated 28.10.2025: Regular Second Appeal RSA-695-2023 (O&M), Gurmit Singh v. Jiwan Singh and others, together with CM Nos. 11372, 11373 & 11374-C-2025, disposed of in terms of a compromise dated 05.05.2025 (Annexure AX-1) supported by the appellant's affidavit dated 08.09.2025 (Annexure AX-2). CM-11374-C-2025, filed under Order XXIII Rule 3 CPC read with Section 151 CPC, was allowed after the appellant's counsel reported complete settlement and respondent No. 1's counsel raised no objection; CM-11372-C-2025 (preponement of hearing) was disposed of as infructuous; CM-11373-C-2025 was allowed and the compromise and affidavit taken on record subject to all just exceptions. The Registry was directed to prepare the decree-sheet with the compromise appended to it, both parties were declared bound by its terms, and pending applications stood disposed of.

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CM- Nos. 11372, 11373 & 11374-C-2025 in/and RSA-695-2023 (O&M) -1-

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IN THE H I GH COURT OF PUNJAB AND H ARYANA AT CHANDIGARH

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121+273 CM- Nos. 11372, 1137 3 & 11374-C-2025 in/and RSA-695-2023 (O&M)

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Date of Decision: 28.1 0 .2025

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Gurmit Si n gh .… Appellant

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Versus

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Jiwan Sin g h and others .... Respondents

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CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

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Present: - Mr. Parvinder Singh, Advoca t e for the applicant-appellant.

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Mr. Sarju Puri, Advocate for r espondent No. 1.

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NIDHI GUPTA, J. (ORAL)

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CM-11372-C-2025

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The present application for p reponing the date of hearing from 28.1 0 .2025 to some early date is disposed of as having been rendered i n fructuous.

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CM-11373-C-2025

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Application is allowed, as pr a yed for.

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Original compromise dated 0 5.05.2025 and affidavit dated 08.09.202 5 of the applicant-appellant/Gur m it Singh, filed along with the applicatio n are taken on record as A nnexures AX-1 and AX-2 respectivel y , are taken on record subject to all just exceptions.

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RISHU KATARIA 2025.10.29 18:59 I attest to the accuracy and authenticity of this order/judgment.

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CM- Nos. 11372, 11373 & 11374-C-2025 in/and RSA-695-2023 (O&M) -2-

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CM-11374-C-2025 in/and RSA-695-2023 (O&M)

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Prayer in the application ( C M-11374-C-2025) filed under Order XX I II Rule 3 CPC read with Secti o n 151 CPC, is for disposal of the main a p peal in terms of compromise d a ted 05.05.2025 and affidavit of the applic a nt-appellant/Gurmit Singh date d 08.09.2025 (Annexures AX-1 and AX-2 r espectively)

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Learned counsel for the appl i cant/appellant submits that the entire disp u tes which are the subject matt e r of the present second appeal stand settl e d between the parties by way o f compromise dated 05.05.2025 (Annexure AX-1) which is supported b y an affidavit of the appellant dated 08.09.2025 (Annexure AX-2) . It is, accordingly, prayed that the present s e cond appeal may be dispos e d of in terms of aforesaid compromi s e arrived at between the parties. 3. Learned counsel for respond e nt No. 1 has not disputed the factum of compromise between the parti e s and submits that he has ‘no objection’ i n case the application is allowe d and the main second appeal is disposed o f in terms of compromise dated 0 5.05.2025 (Annexure AX-1). 4. In view of the above, the application (CM-11374-C-2025) is allowed a n d the main second appeal bear i ng RSA-695-2023 is disposed of in term s of compromise dated 05.05.2 0 25 (Annexure AX-1) effected between t h e parties.

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Registry is directed to prepa r e the decree-sheet accordingly and the co m promise dated 05.05.2025 (A n nexure AX-1) be also form the part of the decree-sheet.

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RISHU KATARIA 2025.10.29 18:59 I attest to the accuracy and authenticity of this order/judgment.

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CM- Nos. 11372, 11373 & 11374-C-2025 in/and RSA-695-2023 (O&M) -3-

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