High Court of Punjab and Haryana, Chandigarh
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n.a. v. n.a. - RSA-1947-1989  RD-P&H 8025 (28 September 2006)
R.S.A.No.1947 of 1989
Present: Mr. Sudhir Mittal, Advocate,
for the applicants-appellants.
for the applicant/respondent.
This is an application under Order 23 Rule 3 read with Section 151 CPC filed by the Defendants-appellants claiming that the dispute between the parties has been compromised on 24.02.2006 and a copy of the compromise has been placed on record as Annexure 'C' along with its English translation.
Notice of this application was issued to Mr. G.S.Jaswal, Advocate and the same was accepted on 10.08.2006.
Mr. Jaswal, counsel for the respondent has not been able to controvert that the dispute between the parties has been compromised and states that he has no objection for the disposal of the appeal on the basis of the compromise. He, however, prayed that liberty be granted to the respondent to move an application for revival of the appeal, in case no compromise is arrived at between the parties.
As per compromise, it has been agreed between the parties, that the suit which was filed by the plaintiff-respondent be dismissed and the present Regular Second Appeal be allowed and the judgment and decree dated 05.09.1986 passed by the trial Court which was affirmed by lower appellate Court be set aside.
In view of the compromise Annexure `C', the judgment and decree dated 05.09.1986 and of the first appellate Court dated 29.04.1989 are set aside and the suit filed by the plaintiff-respondent is accordingly dismissed. The present Regular Second Appeal is disposed of accordingly. It shall, however, be open to the plaintiff-respondent to file an application for revival of the appeal in case there is no compromise between the parties.
September 7,2006 (AJAY KUMAR MITTAL)
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