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RSA-1584-2000(O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

(220/1)

RSA-1584-2000(O&M)

Date of Decision:-28.01.2026

Jaswant Singh and Another

……Appellants

Versus

Joginder Singh (Since deceased) through LRs and Others

……Respondents

CORAM: HON’BLE MR. JUSTICE AMARINDER SINGH GREWAL

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Present: Ms. Gurpreet Kaur Bhatti, Advocate,

for the appellants No.1 and 2.

Mr. Kshitij Sharma, Senior Advocate, with

Ms. Shruti Sharma, Advocate,

for the proposed applicants/appellants No.3 to 6.

None for contesting respondent No.1.

Mr. Vivek Sharma, Advocate,

for respondents No.4 to 6.

Respondents No.2 to 9 proceeded exparte

vide order dated 30.10.2000.

Respondent No.10 has been deleted

vide order dated 17.11.2000.

Respondent No. 11 proceeded exparte

vide order dated 27.04.2001.

Respondent No.12 has been deleted

vide order dated 02.11.2000.

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AMARINDER SINGH GREWAL, J. (Oral)

1. The present Regular Second Appeal has been filed seeking

setting aside of the judgment and decree dated 17.02.2000, passed by the

learned Additional District Judge, Kaithal, whereby the suit of the

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respondents/plaintiffs was decreed, and the judgment and decree dated

12.02.1997, passed by the learned trial Court, was set aside.

2. Mr. Vivek Sharma, Advocate, appears on behalf of

respondents No.4 to 6 and filed memorandum of appearance on their

behalf. The same is taken on record.

3. Learned counsel for appellants No.3 to 6 submits that the

parties have amicably resolved their inter se dispute and, in furtherance

thereof, executed a compromise-cum-settlement deed dated 14.11.2025,

which has been placed on record as Annexure P-1. The said deed bears the

signatures of all concerned parties and pertains to land measuring 42 kanals

15 marlas comprised in Khewat No.169, Khatoni No.212, as per jamabandi

for the year 2003-2004. He also submits that the parties have mutually

agreed to the terms and conditions mentioned in para 8 of the compromise-

cum-settlement deed, whereunder the following settlement has been arrived

at:

“That as so far as 42K 15M, khewat No.169, khatauni

No.212 (as per jamabandi of 2003-04), is concerned the Party

No.2 has decided to pay Party No.1 an amount of

Rs.52,00,000/- in the following manner:

i. At the time of signing this agreement, an amount of

Rs.52,00,000/-, by way of four Post-Dated Cheques (each of

Rs.13,00,000/-) in the names Manjit Kaur w/o of late Sh.

Joginder Singh (2 Cheques i.e. Cheque No.300314 and

Cheque No.000101) and Jatinder Singh son of Sujan Singh (2

Cheques i.e. Cheque No.000008 and Cheque No.000616),

have been prepared and attached along with the application

seeking a consent decree in light of this settlement.

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ii. Until the consent decree, in so far as Party No.1 and

Party No.2 are concerned is not passed, the Parties/their

counsel would jointly request the Hon’ble Court to deposit the

cheques with Registrar General of the Hon’ble High Court for

safe custody.

iii. Once the consent decree is recorded, to the

satisfaction of the Hon’ble Court, the party no.2 will not have

any objection to the cheques being released in favour of Party

No.1.”

4. In continuation of the above, learned counsel for appellants

No.3 to 6 submits that in view of the execution of the aforesaid

compromise-cum-settlement deed, all issues arising in the present case

stand fully settled between the parties. He accordingly prays that the

present appeal be disposed of in terms of the compromise, by taking the

settlement deed on record by way of application i.e. CM-14993-C-2025 and

binding the parties to their respective obligations as mutually agreed

therein.

5. At this stage, learned counsel for appellants No.1 and 2

endorses the submissions made on behalf of appellants No.3 to 6 and

submits that she does not wish to pursue the appeal any further, and

accordingly seeks permission to withdraw the same.

6. In view of the submissions made by learned counsel for