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2025 DAILYLAW 80898 (PNJ)

SATYA DEVI AND ORS v. SUKHDEV RAJ AND ORS

RSA/947/2011 · 2025-07-17

Nidhi Gupta

body2025

Judgment text

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CM-8237-C RSA-947-2011 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 105+216 Satya Devi and others Sukhdev Raj and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) CM-8237-C placing on record documents Annexures R application. accepts notice on behalf of for the non ‘no objection’ in case the present application is allowed. documents i.e. (i) copy of Panchayati Compromise (Annexure R dated 28.01.2021 (Annexure R C-2025 in/and 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM- RSA Date of Decision: Satya Devi and others Versus Sukhdev Raj and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Harsh Aggarwal, Advocate for the appellants. Mr. VG Jauhar, Advocate for applicant-respondents No. 1, 2, 9 and 10. Service of respondents No. 11 to 34 dispensed with Vide order dated 12.09.2012. NIDHI GUPTA, J. (ORAL) C-2025 Prayer in this application filed under Section placing on record documents Annexures R application. Notice of the application. Mr. Harsh Aggarwal, Advocate, who is present in Court accepts notice on behalf of for the non-applicant/appellant and pleaded his ‘no objection’ in case the present application is allowed. In view of the above, the present application is documents i.e. (i) copy of Panchayati Compromise (Annexure R-1); (ii) copy of Map (Annexure R 28.01.2021 (Annexure R-3); (iv) copy of order dated (Annexure R-4); (v) copy of affidavit dated 13.05.2021 (Annexure R IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -8237-C-2025 in/and RSA-947-2011 (O&M) Date of Decision: 17.07.2025 .… Appellants .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Harsh Aggarwal, Advocate for the appellants. respondents No. 1, 2, 9 and 10. Service of respondents No. 11 to 34 dispensed with Prayer in this application filed under Section 151 CPC is for placing on record documents Annexures R-1 to R-7 filed along with the Mr. Harsh Aggarwal, Advocate, who is present in Court applicant/appellant and pleaded his ‘no objection’ in case the present application is allowed. the present application is allowed; and documents i.e. (i) copy of Panchayati Compromise dated 04.06.2021 (Annexure R-2); (iii) copy of order ; (iv) copy of order dated 28.01.2021 4); (v) copy of affidavit dated 13.05.2021 (Annexure R-5); 151 CPC is for 7 filed along with the Mr. Harsh Aggarwal, Advocate, who is present in Court applicant/appellant and pleaded his and of order 5); RISHU KATARIA 2025.07.18 18:50 I attest to the accuracy and authenticity of this order/judgment. CM-8237-C RSA-947-2011 (O&M) (vi) copy of order dated 28.01.2021 (Annexure R Map (Annexure R RSA-947-2011 (O&M) 1. concurrent findings rendered by both the Courts below whereby the suit for joint possession 2. appeal was listed for hearing, following order was passed by this Court: 3. No. 1, 2, 9 and 10 has placed certain relevant documents on record by way of CM Compromise dated 04.06.2021 (Annexure R parties after passing of impugned judgments and decrees of both the Courts below; and which demonstrate C-2025 in/and 2011 (O&M) -2- (vi) copy of order dated 28.01.2021 (Annexure R Map (Annexure R-7), are taken on record, subject to all just exceptions. 2011 (O&M) The defendant-appellants are in second appeal against the concurrent findings rendered by both the Courts below whereby the suit for joint possession filed by respondent-plaintiff On the last date of hearing i.e. 03.03.2025, when this s appeal was listed for hearing, following order was passed by this Court: “Learned counsel for plaintiff and 10 submits that by way of concurrent findings, the suit filed by the plaintiffs for joint possession of the suit land decreed by both the Courts below. It is submitted that during the pendency of the present second appeal, pursuant to the decrees of the both the Courts below, partition proceedings took place between the parties, as per which the possession of respective shares were delivered to the parties. It is, therefore, submitted that some time may be granted to learned counsel for the plaintiff 10 to verify as to whether the said partition took place as per decrees of both the Courts arrived at between the parties. Learned counsel also seeks time to place on record a copy of compromise stated to be arrived at between the parties. Learned counsel for the appellants also seeks time to verify the aforesaid fact and get necessary instructions in this regard. Adjourned to 17.07.2025. Pursuant thereto, learned counsel for plaintiff No. 1, 2, 9 and 10 has placed certain relevant documents on record by way of CM-8237-C-2025, in the form of copy of the Panchayati Compromise dated 04.06.2021 (Annexure R parties after passing of impugned judgments and decrees of both the Courts below; and Sanad Takseem dated 20.01.2021 (Annexure R which demonstrates that partition proceedings have been concluded (vi) copy of order dated 28.01.2021 (Annexure R-6); and (vii) copy of 7), are taken on record, subject to all just exceptions. appellants are in second appeal against the concurrent findings rendered by both the Courts below whereby the suit plaintiff(s) was decreed. On the last date of hearing i.e. 03.03.2025, when this second appeal was listed for hearing, following order was passed by this Court:- “Learned counsel for plaintiff-respondents No. 1, 2, 9 and 10 submits that by way of concurrent findings, the suit filed by the plaintiffs for joint possession of the suit land was decreed by both the Courts below. It is submitted that during the pendency of the present second appeal, pursuant to the decrees of the both the Courts below, partition proceedings took place between the parties, as per which the possession ive shares were delivered to the parties. It is, therefore, submitted that some time may be granted to learned counsel for the plaintiff-respondents No. 1, 2, 9 and 10 to verify as to whether the said partition took place as per decrees of both the Courts below or as per compromise arrived at between the parties. Learned counsel also seeks time to place on record a copy of compromise stated to be arrived at between the parties. Learned counsel for the appellants also seeks time to and get necessary instructions in this Adjourned to 17.07.2025.” Pursuant thereto, learned counsel for plaintiff-respondents No. 1, 2, 9 and 10 has placed certain relevant documents on record by 2025, in the form of copy of the Panchayati Compromise dated 04.06.2021 (Annexure R-1) entered into between the parties after passing of impugned judgments and decrees of both the dated 20.01.2021 (Annexure R-6) that partition proceedings have been concluded copy of appellants are in second appeal against the concurrent findings rendered by both the Courts below whereby the suit econd respondents No. 1, 2, 9 and 10 submits that by way of concurrent findings, the suit was decreed by both the Courts below. It is submitted that during the pendency of the present second appeal, pursuant to the decrees of the both the Courts below, partition proceedings took place between the parties, as per which the possession ive shares were delivered to the parties. It is, therefore, submitted that some time may be granted to respondents No. 1, 2, 9 and 10 to verify as to whether the said partition took place as per below or as per compromise arrived at between the parties. Learned counsel also seeks time to place on record a copy of compromise stated to be Learned counsel for the appellants also seeks time to and get necessary instructions in this respondents No. 1, 2, 9 and 10 has placed certain relevant documents on record by 2025, in the form of copy of the Panchayati he parties after passing of impugned judgments and decrees of both the 6) that partition proceedings have been concluded RISHU KATARIA 2025.07.18 18:50 I attest to the accuracy and authenticity of this order/judgment. CM-8237-C RSA-947-2011 (O&M) between the parties and all the parties are in possessi portion of land 4. above-said facts and prays that the instant Regular Second Appeal has been rendered infructuous and may be disposed of, as 5. disposed of, 6. 17.07.2025 rishu C-2025 in/and 2011 (O&M) -3- between the parties and all the parties are in possessi portion of land, as per compromise (Annexure R Learned counsel for the appellants has not disputed the said facts and prays that the instant Regular Second Appeal has been rendered infructuous and may be disposed of, as In view of the above, the present Regular Second Appeal is disposed of, as having been rendered infructuous Pending application(s), if any, shall stands disposed of. .2025 Whether speaking/reasoned Whether Reportable between the parties and all the parties are in possession of their respective as per compromise (Annexure R-1). Learned counsel for the appellants has not disputed the said facts and prays that the instant Regular Second Appeal has been rendered infructuous and may be disposed of, as such. In view of the above, the present Regular Second Appeal is as having been rendered infructuous. Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No on of their respective Learned counsel for the appellants has not disputed the said facts and prays that the instant Regular Second Appeal has In view of the above, the present Regular Second Appeal is RISHU KATARIA 2025.07.18 18:50 I attest to the accuracy and authenticity of this order/judgment.