IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 115 CM-617 & 618-C-2025 in/and RSA-1397-2021 Date of Decision: 29.01.2025 RAMPAT (DECEASED) THROUGH HIS LEGAL HEIRS …..Appellant Vs. M/S SHIV SHAKTI ESTATE PVT LTD …..Respondent CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA Present: Mr.Paramjit Singh Jammu, Advocate and Mr.Santosh Kumar Yadav and Mr.Amit Shami, Advocates, for the applicants/appellants. ****** DEEPAK GUPTA, J. (ORAL) CM-617-C-2025 This is an applica"on filed under Sec"on 151 CPC for preponing the date of hearing of the main case from 13.05.2025 to an early date on account of the compromise having been effected between the par"es dated 07.12.2024 (Annexure A1). No"ce of the applica"on. Mr.Rajesh K. Sheoran, Advocate, Assis"ng Counsel of Mr.Baldev Raj Mahajan, Sr. Advocate, accepts no"ce on behalf of the respondent and submits that he has no objec"on to allow the applica"on. For the reasons men"oned in the applica"on as well as the no objec"on of ld. counsel for the respondent, applica"on is allowed and hearing of the main case is preponed for today and as such the same is taken on board today itself. CM-618-C-2025 This is an applica"on under Sec"on 151 CPC moved on behalf of the appellants No.iv(a)-Sumit Kumar, iv(b)-Geeta, v (Vinod Kumar) and vi (Shyam Sunder) so as to withdraw the appeal (RSA No.1397-2021) as the ma<er has been PRIYANKA 2025.01.29 16:57 I attest to the accuracy and integrity of this document RSA-1397-2021 (O&M) -2- compromised between the par"es vide wri<en compromise dated 07.12.2024 (Annexure A1). It is further stated by ld. counsel that two of the appellants namely Jai Narain and Jai Prakash have already withdrawn the appeal vide order dated 22.08.2023 of this Court. It is further submi<ed that appellant no.1(iii)-Braham Prakash had already sold his share to the decree-holder/respondent by way of separate sale deed dated 10.12.2021 and therefore, he has lost interest in the present appeal and as such ld. counsel makes statement so as to withdraw the appeal on behalf of said appellant-Braham Prakash besides appellants No.iv(a)- Sumit Kumar, iv(b)-Geeta, v (Vinod Kumar), vi (Shyam Sunder) also. Ld. counsel for the respondent has no objec"on so as to allow the applica"on. ld. counsel for the respondent has also submi<ed that in terms of the compromise (Annexure A1) to be read with Site Plan (Annexure A2), the appellants have already executed sale deed in favour of the decree holder/respondents and muta"on already stands sanc"oned. For the reasons men"oned in the applica"on, duly supported by an affidavit of one of the appellants-Vinod Kumar son of Late Rampat, compromise (Annexure A1) and Site Plan (Annexure A2), the same is allowed. The present appeal is hereby dismissed as withdrawn. However, Annexures A1 & A2 shall form part of this order. RSA-1397-2021 In view of the order passed in CM-618-C-2025, present appeal is hereby dismissed as withdrawn. ( DEEPAK GUPTA ) 29.01.2025 JUDGE pry Whether speaking/reasoned : Yes/No Whether reportable : Yes/No PRIYANKA 2025.01.29 16:57 I attest to the accuracy and integrity of this document