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2024 DAILYLAW 2270 (PNJ)

VED PARKASH AND OTHERS v. M/S NISKOMAL ESTATE PVT LTD AND OTHERS

RSA/2744/2024 · 2026-01-22

Nidhi Gupta

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Judgment text

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IN TH 123+273 Ved Parka M/s Nisko Gulia and CORAM: Present:- NIDHI GU CM-528- CM-529- Compromis and the Com RSA-2744-2024 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR CM Nos.528-29-30-C-2026 in Regular Second Appeal No.2 Date of decision :-22.01.202 Parkash and others ….. Versus Niskomal Estate (P) Ltd. through i a and others AM:- HON'BLE MS. JUSTICE NI Mr. Vipul Dahiya, Advocate for the applicants-appellants. Mr. Surender Saini, Advocate for respondents No.1,3,4 and 5 Mr. Sameer Singh, Advocate f Mr. Neeraj Kumar Thakkar, A for respondents No.6 and 7. HI GUPTA J. (Oral) -C-2026 Allowed as prayed for. -C-2026 Prayer in this application is promise Deed as Annexure A-1. The application is allowed su he Compromise Deed is taken on reco 1 UNJAB AND HARYANA IGARH 026 in/and l No.2744 of 2024 (O & M) .2026 …..Applicants-appellants ough its Director Smt. Monika …..Respondents E NIDHI GUPTA cate . ocate 4 and 5. ocate for respondent No.2. kar, Advocate ion is for placing on record the ed subject to all just exceptions n record as Annexure A-1 VIJAY ASIJA 2026.01.23 18.06 I attest to the accuracy and integrity of this document CM-530- main secon fee to the a order was p RSA-2744-2024 (O & M) -C-2026 in/and RSA-2744-2024 Prayer in the present applicati second appeal with direction to the Re o the applicants-appellants. On the last date of hearing i. r was passed by this Court :- “It is inter al counsel for the appellan had entered into an 27.3.2008 (Ex.P-1) in r for total sale consider which earnest money received by the defenda (Ex.P-2). The target da dated 27.3.2008 was 1 that thereafter Agreement/Extension A 2.1.2009 was again parties, as per which th to 31.3.2009 and Rs.20,00,000/- was aga vide receipt (Ex.P-4). Extension Agreement d further amount of Rs. receipt (Ex.P-6) and th to 31.3.2010. Another was paid by the plaint cheque dated 20.4.20 total amount of Rs.70,0 in excess of total sale c the defendant No.1 and 2 2024 (O & M) plication is for withdrawal of the the Registry to refund the Court ring i.e.28.8.2025, the following alia submitted by learned ellants/plaintiffs that the parties an Agreement to Sell dated in respect of the suit property sideration of Rs.60,00,000/- of ey of Rs.30,00,000/- was fendant No.1 by way of receipt et date set as per the Agreement as 11.9.2008. It is submitted r a Supplementary on Agreement (Ex.P-3) dated in entered into between the ch the target date was extended nd a further amount of again paid to defendant No.1 4). Thereafter, yet again vide nt dated 19.6.2009 (Ex.P-5) a Rs.5,00,000/- was paid vide d the target date was extended ther amount of Rs.15,00,000/- laintiffs to defendant No.1 vide 4.2011 (Ex.P-25); whereafter .70,00,000/- i.e. Rs.10,00,000/- ale consideration stood paid to and received by him. VIJAY ASIJA 2026.01.23 18.06 I attest to the accuracy and integrity of this document appellants 12.1.2026 appellants suit propert disposed o A-1). filed Power Neeraj Ku Power of A Sameer Sin RSA-2744-2024 (O & M) It is submitted th facts stood duly pro evidence of both the appellant has been non of limitation. Learned and foremost the suit c be barred by limitation last payment was rece 20.4.2011; whereas C 17.12.2012. Further ev respect of limitation. first Appellate Court ha evidence or issues and f Heard. Notice of motion In the meantime, maintain the status qu property till the next da It is informed by learned c llants/plaintiffs that in the interregn .2026 (Annexure A-1) has been e llants and defendants No.6 and 7 i.e. b roperty. It is submitted that therefore sed of in terms of the Compromise d Mr. Surender Saini, Advocate Power of Attorney on behalf of respon aj Kumar Thakkar, Advocate has pu er of Attorney on behalf of respond eer Singh, Advocate has put in appe 3 d that although the above said proved on record from the the attesting witnesses, the non-suited only on the grounds ned counsel contends that first uit could not have been held to tion in view of the fact that the received by the defendant on as Civil Suit was filed on er even no issue was framed in n. It is lastly submitted that rt has not dealt with any of the nd facts. tion for 22.1.2026. ime, the parties are directed to s quo with respect to the suit t date of hearing.” ned counsel for the applicants- terregnum a Compromise dated een entered into between the 7 i.e. bona fide purchasers of the refore the present main appeal be mise dated 12.1.2026 (Annexure vocate has put in appearance and respondents No.1,3,4 and 5; Mr. has put in appearance and filed spondents No.6 and 7; and Mr. appearance and filed Power of VIJAY ASIJA 2026.01.23 18.06 I attest to the accuracy and integrity of this document Attorney record. factum of c the present 12.1.2026 ( allowed an Compromis terms and A-1); and t appellants, January 2 Vijay Asija Whether spea Whether Repo RSA-2744-2024 (O & M) on behalf of respondent No.2 Learned counsel appearing fo m of compromise and submit that the resent appeal is disposed of in terms .2026 (Annexure A-1). The present application ed and the main appeal is dispo mise dated 12.1.2026 (Annexure A Needless to say that the part s and conditions of the Compromise d ; and the said Compromise shall be ma It is also directed that the Co llants, be refunded to them as per rules Pending application(s), if any, 22, 2026 r speaking/reasoned Yes / No r Reportable Yes / No 4 No.2. The same are taken on ing for the respondents admit the at they have no objection in case terms of the Compromise dated tion (CM-530-C-2026) stands disposed of in terms of the xure A-1). e parties shall be bound by the mise dated 12.1.2026 (Annexure be made part of the decree. the Court fees submitted by the r rules. if any, shall stand(s) disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.01.23 18.06 I attest to the accuracy and integrity of this document