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2025 Supreme(Online)(P&H) 8604
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Nidhi Gupta, J
MAHINDER KUMAR BHATIA AND ANOTHER – Appellant
Versus
MADAN LAL BHATIA AND OTHERS – Respondent
Civil Misc. No.12522-C-2025 | Civil Misc. No.15970-C-2025 | Civil Misc. No.15971-C-2025 | Regular Second Appeal No.5714 of 2019 (O & M)
For the Appellants/Petitioners: Adarsh Jain, Amandeep Kaur
For the Respondents: Abhilaksh Grover, Nandini Gupta
A court may allow the partial withdrawal of an appeal and preponement of the hearing if a specific appellant has entered into an amicable settlement with the respondents.
Headnote:The matter involves applications for preponement and withdrawal of a Regular Second Appeal. The second appellant sought to withdraw the appeal based on a notarized compromise dated 16.09.2025 entered into with the first and second respondents. The court noted the amicable settlement and the lack of objection from the respondent. The primary issue was whether the appeal could be preponed and withdrawn by one of the appellants following a settlement. The court reasoned that since the parties had reached an amicable settlement and the applicant-appellant expressed a clear intention to withdraw, the request for preponement and partial withdrawal was justified. The present appeal is ordered to be dismissed as withdrawn on the basis of the aforesaid Compromise qua appellant No.2 only.
NIDHI GUPTA J. (Oral)
Today, three applications i.e. CM-12522-C-2025; CM-15970-C-2025; and CM-15971-C-2025, have been listed for hearing.
CM-12522-C-2025 has been moved on behalf of the applicant-appellant No.2 for preponement of the main appeal as well as for withdrawal of main appeal on the basis of a Compromise dated 15.09.2025 Notarized on 16.09.2025 (Annexure A-1) entered into between appellant No.2/plaintiff No.2 and respondents/defendants No.1 and 2.
Another application, CM-15970-C-2025, has been filed by learned counsel for the applicant/respondent No.1 seeking preponement of the main appeal, which is otherwise listed for hearing on 20.11.2026.
Learned counsel for the applicant-appellant No.2 submits that the dispute between the parties has already been amicably settled in terms of Compromise dated 15.09.2025 Notarized on 16.09.2025 (Annexure A-1), on the basis whereof the application (CM-12522-C-2025) seeking withdrawal of the present appeal has been moved.
Learned counsel for respondent No.1 admits the factum of compromise effected between the parties and has no objection in case the present application is allowed and the main appeal is ordered to be dismissed as withdrawn.
In view of the reasons stated in the applications and keeping in view the Compromise dated 15.09.2025 Notarized on 16.09.2025 (Annexure A-1) placed on record, requests qua preponement made in both the applications stand allowed. The main appeal i.e. RSA-5714-2019 is, therefore, preponed for today and taken on board.
Since the applicant-appellant No.2 has already expressed his intention to withdraw the present appeal on the basis of Compromise dated 15.09.2025 Notarized on 16.09.2025 (Annexure A-1), as reflected from CM-12522-C-2025, and there is no objection from the side of respondent No.1, the present appeal is ordered to be dismissed as withdrawn on the basis of the aforesaid Compromise qua appellant No.2 only.
Qua appellant No.1, the appeal is adjourned to 20.11.2026.
The appellant No.2 and the respondents are directed to remain bound by the terms and conditions of the Compromise dated 15.09.2025 Notarized on 16.09.2025 (Annexure A-1).
Pending application(s), if any, shall stand(s) disposed of.
