2023 Supreme(Online)(P&H) 7169
HIGH COURT OF PUNJAB AND HARYANA
KRISHNA WANTI VIJ – Appellant
Versus
RAJIV KUMAR VIJ AND OTHERS – Respondent
RSA 1555 2022
2023:PHHC:140372
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
261+109-2
RSA-1555-2022 (O&M)
Date of Decision : 03.11.2023
Krishna Wanti Vij
….Appellant
Versus
Rajiv Kumar Vij and others
…..Respondents
CORAM: HON’BLE MR. JUSTICE NAMIT KUMAR
Present :
Mr. Deepak Thapar, Advocate
for the appellant with
Ms. Krishna Wanti Vij, appellant-in-person
Mr. Sanjiv Kumar Aggarwal, Advocate for
respondents No.1 and 2 with
Mr. Rajiv Kumar and Mr. Kanwal Kishore,
respondents No.1 and 2-in-persons.
Mr. Deepam Raghav, Advocate
for respondent No.3 with
Mr. Sanjeev Kumar, respondent No.3-in-person.
Mr. Munish Kumar Garg, Advocate with
Mr. Vikas Mehra and Ms. Sakshi Tanwar,
Advocates for respondent No.4 with
Ms. Neelam Kapoor, respondent No.4-in-person.
****
NAMIT KUMAR, J. (ORAL)
CM-12398-C-2023
Prayer in the present application filed under Section 151 of the
CPC is for placing on record compromise deed dated 26.09.2023 arrived at
between the parties as Annexure C.
Allowed as prayed for subject to all just exceptions.
RSA-1555-2022 (O&M)
1.
The applicant/appellant has filed application bearing No.CM-
12399-C-2023 under Order 23 Rule 3 of CPC for disposal of the regular
second appeal in view of the compromise deed dated 26.09.2023
Vinod Kothiyal
2023.11.07 09:03
I attest to the accuracy and
authenticity of this document
2023:PHHC:140372
RSA-1555-2022 (O&M)
-2-
(Annexure C) arrived at between the parties.
2.
Learned counsel for the appellant submits that the matter
has been compromised between the parties during the pendency of
appeal and they shall run their business in terms and conditions set out
in the compromise deed dated 26.09.2023 and in view of the said
compromise the instant regular second appeal may be disposed of.
3.
Learned counsel for the respondents have affirmed the
factum of compromise and rather submits that appeal may be disposed
of in terms of said compromise.
4.
The parties, who have been identified by their respective
counsel, have also suffered a statement in the Court that they have
compromised the matter and the instant regular second appeal may be
disposed of in terms of the compromise deed dated 26.09.2023
(Annexure C).
5.
Consequently, the present regular second appeal is
disposed of in view of compromise deed dated 26.09.2023 (Annexure
C) arrived at between the parties and the impugned judgment and decree
is modified accordingly. Needless to say that parties shall remain bound
by the compromise.
6.
Decree-sheet be drawn in terms of the compromise.
7.
Misc. Application(s) pending, if any, shall also stand
disposed of accordingly.
(NAMIT KUMAR)
03.11.2023
JUDGE
Kothiyal
Whether Speaking/reasoned
Yes/No
Whether Reportable
Yes/No
Vinod Kothiyal
2023.11.07 09:03
I attest to the accuracy and
authenticity of this document