Punjab-Haryana High Court
Som Nath And Others vs Smt. Ishwar Devi @ Rajeshwari on 16 January, 2012
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
CM No.601-C of 2012 in/and
RSA No.3154 of 2010 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CM No.601-C of 2012 in/and
RSA No.3154 of 2010 (O&M)
Date of decision: 16.01.2012
Som Nath and others
......Appellants
Vs.
Smt. Ishwar Devi @ Rajeshwari
...Respondent
CORAM:-HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present: Mr. Sunil Kumar Rana, Advocate
for the applicant/respondent.
Mr. C.B. Goel, Advocate
for non-applicant/appellant.
***
Tejinder Singh Dhindsa, J. (Oral).
CM No. 601-C of 2012 :
This is an application under order 23 Rule 1 read with Section 151 CPC by making averments that a suit had been filed by the applicant/plaintiff-respondent seeking a decree of possession of land as detailed in the plaint. The case set up by the plaintiff was that Sadhu Singh S/o Chattar Singh, father of the plaintiff as also the defendant was owner of the suit property and plaintiff claimed one-half share of the suit land being daughter of Sadhu Singh-deceased.
On the other hand, the defendant-appellant claimed to be the owner of the entire suit property left by Sadhu Singh on the basis of Will dated 06.01.1996. The suit filed by the plaintiff/respondent was decreed and CM No.601-C of 2012 in/and RSA No.3154 of 2010 (O&M) -2- even the Civil Appeal filed by the defendant/appellant before the First Appellate Court had been dismissed by the Additional District Judge vide judgment and decree dated 21.12.2009. Resultantly, the defendant/appellant was in second appeal before this Court.
It is stated that during the pendency of the present second appeal, dispute between brother and sister has been amicably settled. Accordingly, the plaintiff/respondent states that the suit filed by her may be allowed to be dismissed as withdrawn and the judgments and decrees passed by both the Courts below dated 11.02.2009 and 21.12.2009 be set aside.
The present application is duly supported by an affidavit of Ishwar Devi @ Rajeshwari D/o Late Shri Sadhu Singh.
Accordingly, the prayer made in the present application is allowed. The suit filed by the plaintiff/respondent is permitted to be withdrawn and subsequently, the judgments and decrees dated 11.02.2009 and 21.12.2009 passed by the Courts below are set aside. As a result thereof, the present second appeal is allowed.
RSA No. 3154 of 2010:
Present second appeal in view of the amicable settlement as also in view of CM No.601-C of 2012 and averments contained therein is allowed and judgments and decrees dated 11.02.2009 and 21.12.2009 passed by the Courts below are set aside.
Appeal allowed.
January 16, 2011 (TEJINDER SINGH DHINDSA) harjeet JUDGE