RSA-1777-2015 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

RSA-1777-2015 (O&M)

Date of decision: 08.11.2019

Joginder Singh and others

...Appellants

Versus

Kashmir Kaur and others

...Respondents

*****

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Karan Choudhary, Advocate, for

Mr.Inderjit Sharma, Advocate,

for the applicant-appellants.

Mr. Sunil Kumar, Advocate, for

Ms. G.K. Mann, Advocate,

for respondents No.1 to 5.

*****

JAISHREE THAKUR, J.

CM-14084-C-2019

This is an application that has been filed seeking preponement

of the main case i.e. RSA No. 1777 of 2015, which is fixed for 25.03.2020,

on the ground that the matter stands compromised between the parties.

For the reasons mentioned in the application, the same is

allowed.

Hearing in the main regular second appeal is preponed from

25.03.2020 to today itself.

SATYAWAN

2019.11.15 16:58

I attest to the accuracy and

integrity of this document

RSA-1777-2015 (O&M)

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RSA-1777-2015

1.

This is a regular second appeal that has been filed seeking to

challange the judgment and decree dated 18.05.2011 passed by Civil Judge

(Jr. Divn.), Gurdaspur as well as the judgment and decree dated 19.11.2014

passed by Addl. District Judge (Adhoc), Fast Track Court, Gurdaspur,

whereby suit of the appellants/plaintiffs has been decreed only for

compensation and denying the primary relief for specific performance of

agreement to sell dated 01.10.2003.

2.

On the last date of hearing i.e on 10.09.2019, counsel for the

appellants had submitted before this Court that parties to lis have

compromised the matter and sought time to place on record the

memorandum of compromise and the matter was listed for 25.03.2020.

3.

Today while preponing the date of hearing, the appeal is taken

up today itself. The compromise Annexure A-2 along with photo copies of

the affidavits Annexure A-1(Colly.) are taken on record. The terms of the

compromise are reproduced hereunder :-

“7.

That during the pendency of RSA I along with my others

partners / co-sharers have compromised the matter with the

appellant Joginder Singh and others in matter involved the

RSA No. 1777 of 2015. I admit the agreement to sell dated 01-

10-2003 executed by Kashmir Kaur. I along with Co-sharers

have no objection if suit of appellants on the basis of

agreement to sell is decreed and primary relief for specific

performance of agreement is granted in favour of appellants by

accepting RSA 1777 of 2015 by Hon'ble Punjab & Haryana

High Court, Chandigarh.”

Counsel for the parties are in agreement that this appeal may be

SATYAWAN

2019.11.15 16:58

I attest to the accuracy and

integrity of this document

RSA-1777-2015 (O&M)

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disposed of in terms of the compromise Annexure A-2.

4.

In view of the above, this regular second appeal is allowed and

the suit for specific performance is allowed.

08.11.2019

(JAISHREE THAKUR)

Satyawan

JUDGE

Whether speaking/reasoned

Yes.

Whether reportable

No.

SATYAWAN

2019.11.15 16:58

I attest to the accuracy and

integrity of this document