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High Court of Punjab and Haryana · body

2000 DAILYLAW 1638 (PNJ)

JASWANT SINGH v. JOGINDER SINGH

RSA/1584/2000 · 2026-01-28

Amarinder Singh Grewal

body2000

Judgment text

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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 **** 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. **** 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 -1- SHUBHAM 2026.01.29 17:05 I attest to the accuracy and authenticity of this document/order RSA-1584-2000(O&M) 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. -2- SHUBHAM 2026.01.29 17:05 I attest to the accuracy and authenticity of this document/order RSA-1584-2000(O&M) 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 appellants No.1 and 2 as well as proposed appellants No.3 to 6, the present Regular Second Appeal is dismissed as withdrawn. However, both the parties shall remain bound by their respective obligations as recorded in the mutual compromise-cum-settlement deed. -3- SHUBHAM 2026.01.29 17:05 I attest to the accuracy and authenticity of this document/order RSA-1584-2000(O&M) 7. All pending applications, if any, stand disposed of accordingly. (AMARINDER SINGH GREWAL) JUDGE 28.01.2026 Shubham Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No -4- SHUBHAM 2026.01.29 17:05 I attest to the accuracy and authenticity of this document/order