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2009 DIGILAW 742 (PNJ)

Nirvail Singh v. Brij Lal

2009-04-20

RAKESH KUMAR GARG

body2009
Judgment Rakesh Kumar Garg, J. 1. This is an application under Order 23 Rule 3 read with Section 151 CPC to dispose of this appeal in view of the compromise effected between the parties dated 21.03.2009 and 16.03.2009 attached with the aforesaid application. As per the aforesaid compromise deeds the plaintiff- respondents have admitted the validity of three sale deeds dated 02.06.1992(i.e. Ex.D-1, Ex.D-8 and Ex.D-11) executed by Sh. Madan Lal, father of the plaintiff-respondents No.1 and 2 and according to this compromise the present appeal is to be allowed and the suit of the plaintiff respondents is to be dismissed. In support of the aforesaid application, affidavits of the appellants as well as plaintiff-respondents have also been attached. Appellants as well as respondent No.1 are also present in the Court. Statement of Mr. Nirvail Singh one of the appellants and Mr.Brij Lal, respondent No.1 have also been recorded, separately. Compromise dated 21.03.2009 and 16.03.2009 and affidavits of the parties attached with the application are taken on record as Mark CX1 to CX9, respectively. 2. According to the statement made by the appellant, the matter has been compromised as per compromise deeds dated 21.03.2009 and 16.03.2009 Mark CX1 and CX2, respectively and the appeal is to be allowed in their favour. Respondent No.1 Brij Lal s/o Madan Lal has accepted the execution of the compromise deeds Mark CX1 and CX2 and has stated that they have no objection if the appeal is allowed in favour of the appellants. Statements of appellant as well as respondent No.1 are also taken on record 3. In view of the aforesaid statements made by the parties, compromise deeds dated Mark CX1 and CX2 and affidavits Mark CX3 to CX9, this appeal is allowed and suit of the plaintiff/respondents No.1 and 2 is ordered to be dismissed. 4. The compromise i.e. Mark CX1 and CX2 and affidavits CX3 to CX9 and the statments of the parties will be a part of this judgment. The parties shall be bound by compromise deeds and the affidavits and their statements. The appeal is allowed in terms as indicated above.