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2025 DAILYLAW 89814 (PNJ)

DEVINDER SINGH v. HARPAL SINGH ETC.

RSA/3999/2014 · 2025-09-19

Nidhi Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

RSA-3999- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 219 1. Devinder Singh Harpal Singh 2. Devinder Singh Harpal Singh and another 3. Gurbachan Singh (deceased) through his LRs Devinder Singh and another CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. of by this common order second appeals are judgments and decrees of both the Courts below. For -2014 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-3999-2014 (O&M) Devinder Singh Versus Harpal Singh and another RSA-4501-2014 (O&M) Devinder Singh Versus Harpal Singh and another RSA-5671-2018 (O&M) Gurbachan Singh (deceased) through his LRs Versus Devinder Singh and another CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Kabir Sarin, Advocate for the appellant(s) (in RSA Nos. 3999 and 4501 for the respondent(s)( in RSA- Mr. Supriya Garg, Advocate for defendant/respondent No. 1 (in RSA Nos. 3999 and 4501-201 for the appellant(s)( in RSA-5671 NIDHI GUPTA, J. (ORAL) All the aforementioned 03 second appeals are being disposed of by this common order as the facts, issues and pa second appeals are identical being arisen out the same impugned judgments and decrees of both the Courts below. For IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH .… Appellant .... Respondents .… Appellant .... Respondents Gurbachan Singh (deceased) through his LRs .… Appellant .... Respondents Date of Decision: 19.09.2025 CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA for the appellant(s) (in RSA Nos. 3999 and 4501-2014) and -5671-2018). for defendant/respondent No. 1 2014) and 5671-2018). All the aforementioned 03 second appeals are being disposed as the facts, issues and parties involved in all the being arisen out the same impugned judgments and decrees of both the Courts below. For the sake of All the aforementioned 03 second appeals are being disposed being arisen out the same impugned the sake of RISHU KATARIA 2025.09.19 19:49 I attest to the accuracy and authenticity of this order/judgment. RSA-3999- convenience, facts are being extracted from Singh vs. Harpal Singh and 2. concurrent judgments and decrees rendered by both the Courts below whereby the suit of the plaintiff for possession by way of specific performance of Agreement dated alternative relief was partly decreed recovery of respondent 3. appeals were listed for hearing this Court:- -2014 (O&M) -2- convenience, facts are being extracted from Harpal Singh and another). The appellant-plaintiff is in second appeal against the concurrent judgments and decrees rendered by both the Courts below whereby the suit of the plaintiff for possession by way of specific performance of Agreement dated 29.10.2005 alternative relief was partly decreed and the plaintiff recovery of ₹3,00,000/- being paid by him as earnest money to the respondent-defendant along with interest of On the last date of hearing appeals were listed for hearing, following common order was passed by - “After due deliberations with their respective clients, learned counsel for the parties are chances of an amicable settlement of the dispute between the parties. In view of the above, at the joint request of learned counsel for the parties, the matter is referred to the Mediation and Conciliation Centre of this Court for exploring the possibility of amicable settlement bet parties, in view of the ‘Special Mediation Drive for Nation’, initiated under the aegis of the Hon’ble Supreme Court. The parties are directed to appear before the Mediation and Conciliation Centre of this Court on 16.07.2025 at 10:00 A.M. Adjourned to 19.09.2025, Mediator. A photocopy of this order be placed on the files of other connected cases.” convenience, facts are being extracted from RSA-3999-2014, (Devubder plaintiff is in second appeal against the concurrent judgments and decrees rendered by both the Courts below whereby the suit of the plaintiff for possession by way of specific 29.10.2005 was dismissed; and for the plaintiff was held entitled for being paid by him as earnest money to the defendant along with interest of ₹1,66,000/- thereupon. i.e. 11.07.2025 when all the , following common order was passed by After due deliberations with their respective clients, learned counsel for the parties are ad idem there are fair ement of the dispute between the In view of the above, at the joint request of learned counsel for the parties, the matter is referred to the Mediation and Conciliation Centre of this Court for exploring the possibility of amicable settlement between the ‘Special Mediation Drive- Mediation initiated under the aegis of the Hon’ble Supreme The parties are directed to appear before the Mediation and Conciliation Centre of this Court on 19.09.2025, for awaiting report of the A photocopy of this order be placed on the files of Devubder plaintiff is in second appeal against the concurrent judgments and decrees rendered by both the Courts below whereby the suit of the plaintiff for possession by way of specific ; and for for being paid by him as earnest money to the when all the , following common order was passed by After due deliberations with their respective clients, there are fair ement of the dispute between the In view of the above, at the joint request of learned counsel for the parties, the matter is referred to the Mediation and Conciliation Centre of this Court for ween the Mediation initiated under the aegis of the Hon’ble Supreme The parties are directed to appear before the Mediation and Conciliation Centre of this Court on for awaiting report of the A photocopy of this order be placed on the files of RISHU KATARIA 2025.09.19 19:49 I attest to the accuracy and authenticity of this order/judgment. RSA-3999- 4. stands settled between the parties bef Centre of this Court dated 30.07.2025. 5. Nos. 3999 and 4501 dated 30.07.2025 is to be paid by respondent No. 1 to the legal heirs of appellant (in RSA Nos. 3999 and 4501 bearing Nos. 006367 and 006368 dated ₹3,90,000/- the appellant, respectively, have been handed over in Court by learned counsel for accepts the same and undertakes to hand over the same to the LRs of the appellant during the course of the day. Photocop demand drafts 6. in terms of Clasuse 7 30.07.2025 furnished by final payment of the LRs of the appellant. 7. 8. -2014 (O&M) -3- Learned counsel for the parties are settled between the parties before the Mediation and Conciliation Centre of this Court, as is also evident from the report of the Mediator dated 30.07.2025. Learned counsel for defendant/respondent No. 1 (in RSA Nos. 3999 and 4501-2014) submits that in terms of Settlement Agreement 30.07.2025 arrived at between the parties to be paid by respondent No. 1 to the legal heirs of appellant (in RSA Nos. 3999 and 4501-2014). Accordingly g Nos. 006367 and 006368 dated - each in the names of Sukpal Kaur and Anmoljit Singh/LRs of the appellant, respectively, have been handed over in Court by learned counsel for respondent No. 1 to learned counsel for the ap accepts the same and undertakes to hand over the same to the LRs of the appellant during the course of the day. Photocop demand drafts are retained on record. Learned counsel for the respondent(s) further points out that in terms of Clasuse 7 (c) of the aforesaid Settlement Agreement dated 30.07.2025, respondent No. 1 may be permitted to furnished by him before the Court below, in view of payment of ₹7,80,000/- as agreed between the parties, the LRs of the appellant. Heard. Ordered accordingly. Learned counsel for the parties are ad idem that the matter ore the Mediation and Conciliation , as is also evident from the report of the Mediator Learned counsel for defendant/respondent No. 1 (in RSA in terms of Settlement Agreement arrived at between the parties, a total sum of ₹7,80,000/- to be paid by respondent No. 1 to the legal heirs of appellant (in RSA . Accordingly, two original demand drafts g Nos. 006367 and 006368 dated 16.09.2025 amounting to each in the names of Sukpal Kaur and Anmoljit Singh/LRs of the appellant, respectively, have been handed over in Court by learned to learned counsel for the appellants, who accepts the same and undertakes to hand over the same to the LRs of the appellant during the course of the day. Photocopies of the aforesaid Learned counsel for the respondent(s) further points out that c) of the aforesaid Settlement Agreement dated may be permitted to release the surety bond , in view of the fact that full and as agreed between the parties, stands paid to that the matter ore the Mediation and Conciliation , as is also evident from the report of the Mediator in terms of Settlement Agreement demand drafts 16.09.2025 amounting to each in the names of Sukpal Kaur and Anmoljit Singh/LRs of the appellant, respectively, have been handed over in Court by learned pellants, who accepts the same and undertakes to hand over the same to the LRs of the of the aforesaid Learned counsel for the respondent(s) further points out that c) of the aforesaid Settlement Agreement dated surety bond the fact that full and stands paid to RISHU KATARIA 2025.09.19 19:49 I attest to the accuracy and authenticity of this order/judgment. RSA-3999- 9. second appeals bearing 2018 are disposed of arrived at between the parties. 10. terms and conditions of the aforesaid 30.07.2025. 11. connected cases. 12. stand disposed of. 19.09.2025 rishu -2014 (O&M) -4- In view of the facts noted above, all the aforementioned 03 second appeals bearing RSA Nos. 3999 and 4501 disposed of in terms of Settlement Agreement dated 30.07.2025 arrived at between the parties. It is needless to say that both the parties shall abide by the terms and conditions of the aforesaid 30.07.2025. A photocopy of this order be placed on the files of other connected cases. Pending application(s), if any stand disposed of. .09.2025 Whether speaking/reasoned Whether Reportable In view of the facts noted above, all the aforementioned 03 . 3999 and 4501-2014 and n RSA-5671- Settlement Agreement dated 30.07.2025 It is needless to say that both the parties shall abide by the terms and conditions of the aforesaid Settlement Agreement dated A photocopy of this order be placed on the files of other Pending application(s), if any (in all the cases), shall also ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Yes/No In view of the facts noted above, all the aforementioned 03 It is needless to say that both the parties shall abide by the Settlement Agreement dated A photocopy of this order be placed on the files of other , shall also RISHU KATARIA 2025.09.19 19:49 I attest to the accuracy and authenticity of this order/judgment.