RSA-1075- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 205 Hanwant Singh (since deceased) through his LRs Balle Ram and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. judgment and decree dated District Judge respondents No. 1 to 4 herein decree dated Division), Gurgaon 2. to 4-plaintiffs that or for possession of agricultural land Court vide judgment and decree the plaintiffs was allowed by the learned lower Appellate Court, vide -2006 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA Date of Decision: Hanwant Singh (since deceased) through his LRs Versus e Ram and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Aditya Jain and Mr. Rahul Vohra, Advocates for the appellant(s). Mr. Rajiv Sharma, Advocate for respondent No. Mr. Rajinder Goel and Mr. Harjyot Singh, Advocate for the respondent(s). NIDHI GUPTA, J. (ORAL) The appellant-defendant No. 1 judgment and decree dated 06.01.2006, passed by the learned District Judge, Gurgaon, vide which the appeal filed by plaintiffs/ respondents No. 1 to 4 herein was allowed reversing the judgment and decree dated 22.09.2004, passed by the learned Division), Gurgaon. It is submitted by learned counsel for the r plaintiffs that the suit of the plaintiffs or for possession of agricultural land was dismissed by the learned trial vide judgment and decree 22.09.2004 the plaintiffs was allowed by the learned lower Appellate Court, vide IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-1075-2006 (O&M) Date of Decision: 28.05.2025 Hanwant Singh (since deceased) through his LRs .… Appellant .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Aditya Jain and Mr. Rahul Vohra, Advocates Mr. Rajiv Sharma, Advocate for respondent No. 1. Rajinder Goel and Mr. Harjyot Singh, Advocate No. 1 is in second appeal against the 06.01.2006, passed by the learned Additional e which the appeal filed by plaintiffs/ was allowed reversing the judgment and , passed by the learned Civil Judge (Junior It is submitted by learned counsel for the respondent Nos. 1 of the plaintiffs for possession by redemption was dismissed by the learned trial 22.09.2004. However, the appeal filed by the plaintiffs was allowed by the learned lower Appellate Court, vide in second appeal against the Additional was allowed reversing the judgment and dge (Junior . 1 for possession by redemption was dismissed by the learned trial . However, the appeal filed by the plaintiffs was allowed by the learned lower Appellate Court, vide RISHU KATARIA 2025.05.29 10:44 I attest to the accuracy and authenticity of this order/judgment. RSA-1075- impugned judgment and decree dated No. 30 thereof 3. plaintiffs that pursuant to the aforesaid judgment and decree dated 06.01.2006 of have filed an Execution Petition on dated 24.01.200 redemption amount proceedings, possession of the suit land was handed over to on 23.08.2006 at the spot; and the execution petition was disposed of as ‘satisfied’ on the basis of statements of the plaintiff/decree order dated 23.08.2006 plaintiffs and order dated pertaining the execution respondent -2006 (O&M) -2- impugned judgment and decree dated 06.01.2006 No. 30 thereof, reads as follows:- “30. As a result of above discussion, the impugned Judgment and Decree are set aside, the appeal is hereby accepted and the suit of the plaintiffs for possession of the suit land by way of redemption is hereby decreed in their favour and against the defendant No. 1, on payment of Rs.900/- to him within a period of two months from today failing which their suit shall stand dismissed automatically with costs. Seeing the facts and circumstances of the case the parties are left to bear their own costs. Decree sheet be drawn accordingly. Trial Court record along this Judgment be sent back. Appeal filed be consigned to record room after due compliance.” It is further submitted by learned counsel for the respondent plaintiffs that pursuant to the aforesaid judgment and decree dated 06.01.2006 of the lower Appellate Court, the plaintiffs/decree have filed an Execution Petition on dated 24.01.200 redemption amount of ₹900/- on 23.01.2006. In the said execution proceedings, possession of the suit land was handed over to on 23.08.2006 at the spot; and the execution petition was disposed of as ‘satisfied’ on the basis of statements of the plaintiff/decree order dated 09.12.2006. Copies of Rapat Rojnamcha 23.08.2006 reflecting the delivery of possession to the respondent and order dated 09.12.2006, along with other relevant record pertaining the execution handed over in Court by learned counsel for respondent-plaintiffs are taken on record. 06.01.2006 and the relevant para As a result of above discussion, the impugned and Decree are set aside, the appeal is hereby accepted and the suit of the plaintiffs for possession of the suit land by way of redemption is hereby decreed in their and against the defendant No. 1, on payment of riod of two months from today failing which their suit shall stand dismissed automatically eing the facts and circumstances of the case the parties are left to bear their own costs. Decree sheet be drawn accordingly. Trial Court record along with a copy of this Judgment be sent back. Appeal filed be consigned to record room after due compliance.” It is further submitted by learned counsel for the respondent- plaintiffs that pursuant to the aforesaid judgment and decree dated the lower Appellate Court, the plaintiffs/decree-holders have filed an Execution Petition on dated 24.01.2006, after depositing the on 23.01.2006. In the said execution proceedings, possession of the suit land was handed over to the plaintiffs on 23.08.2006 at the spot; and the execution petition was disposed of as ‘satisfied’ on the basis of statements of the plaintiff/decree-holders vide Rapat Rojnamcha No. 1196 dated reflecting the delivery of possession to the respondent- 09.12.2006, along with other relevant record handed over in Court by learned counsel for and the relevant para As a result of above discussion, the impugned and Decree are set aside, the appeal is hereby accepted and the suit of the plaintiffs for possession of the suit land by way of redemption is hereby decreed in their and against the defendant No. 1, on payment of riod of two months from today failing which their suit shall stand dismissed automatically eing the facts and circumstances of the case the parties are left to bear their own costs. Decree sheet be with a copy of this Judgment be sent back. Appeal filed be consigned to plaintiffs that pursuant to the aforesaid judgment and decree dated holders , after depositing the on 23.01.2006. In the said execution the plaintiffs on 23.08.2006 at the spot; and the execution petition was disposed of as vide 1196 dated 09.12.2006, along with other relevant record handed over in Court by learned counsel for RISHU KATARIA 2025.05.29 10:44 I attest to the accuracy and authenticity of this order/judgment. RSA-1075- 4. counsel for the appellant dispute the above said documents. 5. appeal and the same is 6. 28.05.2025 rishu -2006 (O&M) -3- Copies thereof, have also been handed over to learned counsel for the appellant-defendant No. 1 in Court, who is unable to dispute the above said documents. In view of the above, nothing survives in the present second appeal and the same is dismissed. Pending application(s), if any, shall stands disposed of. .2025 Whether speaking/reasoned Whether Reportable eof, have also been handed over to learned defendant No. 1 in Court, who is unable to In view of the above, nothing survives in the present second application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No eof, have also been handed over to learned defendant No. 1 in Court, who is unable to In view of the above, nothing survives in the present second RISHU KATARIA 2025.05.29 10:44 I attest to the accuracy and authenticity of this order/judgment.