RSA-1680-1998 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 102+204 Joginder Singh Gurkanwaljit Singh CORAM : HON'BLE MR Present: Mr. Mr. Sahil Khunger, Advocate for the appellants. Mr. Davinder Pal Soni Joura, Advocate for LRs of *** AMARINDER SINGH GREWAL C.M. No.9463-C of 2025 The instant application has been filed under Order 22 Rule 3 read with Section 151 CPC for bringing on record the legal heirs of the appellant namely Joginder Singh. For the legal heirs of the appellant are brought on record. Amended memo of parties is taken on record and registry is directed to put the same at appropriate place. C.M. No.9497-C of 2025 The inst placing on record the compromise deed executed between the parties to the affidavit dated 08.07.2025 as Annexures A For the reasons stated in the application, the Annexures A-1 and A 1998 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Versus Gurkanwaljit Singh HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Mr. Vinod Khunger, Advocate Mr. Sahil Khunger, Advocate for the appellants. Mr. Davinder Pal Soni Joura, Advocate for LRs of the respondent. *** AMARINDER SINGH GREWAL, J. (ORAL) C of 2025 The instant application has been filed under Order 22 Rule 3 read with Section 151 CPC for bringing on record the legal heirs of the appellant namely For the reasons stated in the application, the same is allowed and the legal heirs of the appellant are brought on record. Amended memo of parties is taken on record and registry is directed to put the same at appropriate place. C of 2025 The instant application has been under Section 151 CPC praying for placing on record the compromise deed executed between the parties to the affidavit dated 08.07.2025 as Annexures A-1 and A For the reasons stated in the application, the 1 and A-2 are taken on record, subject to all just exceptions. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-1680-1998 (O&M) Date of Decision:08.08.2025 ... Appellant ... Respondent AMARINDER SINGH GREWAL Mr. Davinder Pal Soni Joura, Advocate The instant application has been filed under Order 22 Rule 3 read with Section 151 CPC for bringing on record the legal heirs of the appellant namely reasons stated in the application, the same is allowed and the legal heirs of the appellant are brought on record. Amended memo of parties is taken on record and registry is directed to ant application has been under Section 151 CPC praying for placing on record the compromise deed executed between the parties to the lis 1 and A-2 respectively. For the reasons stated in the application, the same is allowed and 2 are taken on record, subject to all just exceptions. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH .2025 Appellant ... Respondent The instant application has been filed under Order 22 Rule 3 read with Section 151 CPC for bringing on record the legal heirs of the appellant namely reasons stated in the application, the same is allowed and the Amended memo of parties is taken on record and registry is directed to ant application has been under Section 151 CPC praying for lis and same is allowed and PANKAJ KUMAR 2025.08.13 16:34 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-1680-1998 (O&M) Main Case 1. The instant regular second appeal has been preferred defendant against the judgment 1st Appellate Court, plaintiff against the judgment and decree dated 23.11.1995 passed trial Court has been allowed and the suit of the has been decreed 2. In brief, the facts are that possession of land measuring 4 kanals comprised in Khewat No.341, Khatoni No.542, Rect. No.93, Killa No.12/1(4 for the year 1989 void ab initio, having come into existence when he was injunction that defendant be restrained to alienate the suit land in any manner and shift the turn of water for the suit land to any other place. The aforesaid suit was dismissed by the learned trial Court the appeal preferred by the respondent learned trial Court was respondent-plaintiff deposits Rs.6000/ amount to the defendant. 3. Learned counsels for the parties submit that effected between the compromise deed if the judgment passed by the learned trial Court is restored and the civil suit is 1998 (O&M) -2- The instant regular second appeal has been preferred against the judgment and decree dated Appellate Court, Faridkot whereby the appeal preferred by the against the judgment and decree dated 23.11.1995 passed trial Court has been allowed and the suit of the decreed. In brief, the facts are that the respondent possession of land measuring 4 kanals comprised in Khewat No.341, Khatoni No.542, Rect. No.93, Killa No.12/1(4-0) situated in village Sarwan vide jamabandi for the year 1989-90, being owner and declaration of sale deed dated 28.02.1983 as having come into existence when he was injunction that defendant be restrained to alienate the suit land in any manner and shift the turn of water for the suit land to any other place. The aforesaid suit was by the learned trial Court vide judgment dated the appeal preferred by the respondent-plaintiff, the aforesaid judgment of the learned trial Court was set aside and the suit was decreed in favour of the plaintiff, subject to the condition that he will get possession only if he Rs.6000/- in the Court for payment to the defendant amount to the defendant. Learned counsels for the parties submit that effected between the legal representatives of the appellant and respondent compromise deed (Annexure A-1) wherein it is settled that they have no objection if the judgment passed by the learned trial Court is restored and the civil suit is The instant regular second appeal has been preferred by the appellant dated 16.04.1998 passed by the learned whereby the appeal preferred by the respondent against the judgment and decree dated 23.11.1995 passed by the learned trial Court has been allowed and the suit of the respondent-plaintiff for possession, respondent-plaintiff had filed suit for possession of land measuring 4 kanals comprised in Khewat No.341, Khatoni 0) situated in village Sarwan vide jamabandi 90, being owner and declaration of sale deed dated 28.02.1983 as having come into existence when he was a minor and for permanent injunction that defendant be restrained to alienate the suit land in any manner and shift the turn of water for the suit land to any other place. The aforesaid suit was vide judgment dated 23.11.1995, however, in plaintiff, the aforesaid judgment of the and the suit was decreed in favour of the t to the condition that he will get possession only if he for payment to the defendant or pays the said Learned counsels for the parties submit that a compromise has been representatives of the appellant and respondent vide 1) wherein it is settled that they have no objection if the judgment passed by the learned trial Court is restored and the civil suit is appellant- learned respondent- the learned for possession, filed suit for possession of land measuring 4 kanals comprised in Khewat No.341, Khatoni 0) situated in village Sarwan vide jamabandi 90, being owner and declaration of sale deed dated 28.02.1983 as minor and for permanent injunction that defendant be restrained to alienate the suit land in any manner and shift the turn of water for the suit land to any other place. The aforesaid suit was 23.11.1995, however, in plaintiff, the aforesaid judgment of the and the suit was decreed in favour of the t to the condition that he will get possession only if he or pays the said a compromise has been vide 1) wherein it is settled that they have no objection if the judgment passed by the learned trial Court is restored and the civil suit is PANKAJ KUMAR 2025.08.13 16:34 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-1680-1998 (O&M) dismissed. An affidavit dated 08.07.2 parties in this regard. 4. In view of the aforesaid facts and circumstances, judgment and decree passed by the learned 1 judgment dated 23.11.1995 passed by t thereby, suit filed by the respondent prepared accordingly. 5. The instant regular second appeal is August 08, 2025 Pankaj* 1998 (O&M) -3- dismissed. An affidavit dated 08.07.2025 (Annexure A parties in this regard. In view of the aforesaid facts and circumstances, judgment and decree passed by the learned 1st Appellate Court dated 16.04.1998 is set aside the judgment dated 23.11.1995 passed by the learned trial Court is restored, meaning thereby, suit filed by the respondent-plaintiff is dismissed. prepared accordingly. The instant regular second appeal is (AMARINDER SINGH GREWAL , 2025 Whether speaking/reasoned Whether reportable 025 (Annexure A-2) is also filed by both the In view of the aforesaid facts and circumstances, judgment and decree dated 16.04.1998 is set aside the he learned trial Court is restored, meaning plaintiff is dismissed. Decree sheet be The instant regular second appeal is allowed in above terms. AMARINDER SINGH GREWAL JUDGE : Yes/No : Yes/No 2) is also filed by both the In view of the aforesaid facts and circumstances, judgment and decree dated 16.04.1998 is set aside the he learned trial Court is restored, meaning Decree sheet be AMARINDER SINGH GREWAL) PANKAJ KUMAR 2025.08.13 16:34 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh