Punjab-Haryana High Court
Ajaib Singh & Anr vs Joginder Singh & Anr on 20 July, 2012
Author: Jaswant Singh
Bench: Jaswant Singh
RSA No.328 of 2004(O&M) #1#
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
RSA No.328 of 2004(O&M)
Date of Decision:-20.07.2012
Ajaib Singh & Anr.
......Appellants.
Versus
Joginder Singh & Anr.
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH
Present:- Mr. Arnav Sood, Advocate for appellants/defendants.
Mr. I.S. Brar, Advocate for respondents/plaintiffs.
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JASWANT SINGH, J.(ORAL)
Defendants are in second appeal against the judgment and decree of reversal dated 23.10.2003 passed by the learned Additional District Judge, Patiala whereby the suit of the plaintiffs for permanent injunction was decreed and the defendants/appellants were restrained from interfering in possession of plaintiffs over Khasra no.726/500 detailed in the headnote of the plaint. However, the defendants were given liberty to get the land demarcated qua any encroachment if any by the plaintiffs over their Khasra no.725/500 and get the same removed in due course of law.
The present appeal was admitted for regular hearing and parties were directed to maintain the status quo.
In the aforementioned CM no.6596-C of 2012 has been filed praying for disposal of the present appeal in view of the compromise dated RSA No.328 of 2004(O&M) #2# 25.05.2011 (annexed as annexure C-1 with the application).
Notice of the CM was issued to the counsel for respondents/plaintiffs.
Learned Counsel for the appellants on instructions from Ajaib Singh and Bhagwant Singh sons of Gainda Singh states that the present second appeal be disposed of in terms of the compromise.
Learned Counsel for the respondents/plaintiffs on instructions from Joginder Singh & Karnail Singh sons of Charan Singh states that they have no objection if the decree is modified in terms of the compromise.
The parties who are present in court and are duly identified by their respective counsel, submitted in the same terms. Their statements have been separately recorded.
In view of the agreed stand, CM No.6596-C of 2012 is allowed and the present appeal is disposed of with the direction that the decree dated 23.10.2003 shall stand modified in terms of the aforesaid compromise.
( JASWANT SINGH ) JUDGE July 20, 2012 Vinay