IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 111 RSA-1068-2022 (O&M) SMT. SANJU DEVI …..Pe""oner Vs. DR. VINOD VERMA …..Respondent RSA-1075-2022 (O&M) DR. VINOD VERMA …..Pe""oner Vs. SMT. SANJU DEVI …..Respondent Date of Decision: 15.05.2025 CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. J.P. Sharma, Advocate for the appellant in RSA-1068-2022 and for the respondent in RSA-1075-2022. Mr. Rajesh Sethi, Advocate for the appellant in RSA-1075-2022 and for the respondent in RSA-1068-2022. ****** DEEPAK GUPTA, J. (ORAL) Suit for specific performance filed by plain)ff-Dr. Vinod Verma (appellant in RSA-1075-2022 and for respondent in RSA-1068-2022) regarding property in dispute, based upon an agreement to sell dated 01.10.2006, was dismissed by the trial Court on 12.03.2015, whereby not only the relief for specific performance was declined, even the relief of refund of earnest money was not granted. Aggrieved by the said judgment, plain)ff approached the Appellate Court. Vide judgment dated 16.11.2021, though learned Addi)onal District Judge, Sonipat dismissed the appeal to the extent of denying the relief of specific performance, but partly decreed the suit to the extent that plain)ff will be en)tled to the refund of earnest money of PRIYANKA 2025.05.16 10:46 I attest to the accuracy and integrity of this document RSA-1068-2022 (O&M) -2- RSA-1077-2022 (O&M) `3,50,000/- along with prevailing minimum current interest rate on FDR in State Bank of India, from the date of filing of the suit, )ll realisa)on, within a period of two months. Against the concurrent findings of the Courts below, denying the relief of specific performance, plain)ff approached this Court by way of the present Regular Second Appeal No.1075 of 2022, whereas the defendant Smt. Sanju Devi filed Regular Second Appeal No.1068 of 2022 against the findings of the Appellate Court, whereby the plain)ff was held en)tled to the refund of earnest money. Today, it has been suggested by learned counsel for the original plain)ff-Dr. Vinod Verma that plain)ff will be sa)sfied, in case defendant returns the earnest money of `3,50,000/- along with interest at rate of 12% per annum from 01.10.2006 i.e. the date of payment of said earnest money )ll actual realisa)on. Counsel for the original defendant-Smt. Sanju Devi, on the instruc)ons of Sh. Tara Chand, the father-in-law of the defendant Sanju Devi, who is present in Court, stated that he has no objec)on to accept the said proposal. As such, in view of the aforesaid statements made by learned counsel for both the par)es, both these appeals are hereby disposed of with the order that defendant will refund to the plain)ff the amount of `3,50,000/- along with interest at the rate of 12% per annum, to be calculated from 01.10.2006 )ll actual realisa)on. Since the present appeals are being disposed of on account of the consented statements made by both the sides, therefore, the request of learned counsels are accepted so as to refund the Court fee as paid before this Court, in terms of Sec)on 21 of the Legal Services Authori)es Act, 1987. A photocopy of this order be placed on the file of connected case. ( DEEPAK GUPTA ) 15.05.2025 JUDGE pry Whether speaking/reasoned : Yes/No Whether reportable : Yes/No PRIYANKA 2025.05.16 10:46 I attest to the accuracy and integrity of this document