Anil Kumar vs Moti Lal Kapila

Ajay Mohan Goel, J

CMP (M) No.507 of 2020

By way of this application, a prayer has been made to bring on record legal representatives of deceased appellant (Anil Kumar), who is stated to have died during the pendency of the appeal, on 06.04.2020 and also for condonation of delay in filing the application.

The application has been filed by proposed legal representative of deceased Anil Kumar i.e. Smt. Amarjeet Kaur, his wife.

Learned Counsel for the applicant submits that he has instructions to appear on behalf of the applicant in case she is ordered to be impleaded as appellant in place of deceased appellant (Shri Anil Kumar).

Taking into consideration the averments made in the application, the same is allowed, as prayed for. Name of Shri Anil Kumar is ordered to be deleted from the array of appellant and name of Smt. Amarjeet Kaur, his wife, is ordered to be substituted as his legal representative. Delay in filing the application is ordered to be condoned and abatement, if any, is also ordered to be set aside. The application stands disposed of.

CMP No.8351 of 2020

By way of this application, which stands filed under Order 22, Rule 3 of the Code of Civil Procedure, the parties apprised the Court that the issue which is subject matter of the present appeal, stands amicably settled between the parties and the Compromise Deed stands accordingly entered into between them, which stands appended with this application as Annexure C­1.

It has been jointly prayed by learned Counsel for the parties that the main appeal itself can be ordered to be closed by taking on record the Compromise Deed, appended with this application and by ordering that the lis between the parties stands settled in terms of the Compromise Deed and judgments and decrees passed by learned Courts below, should be read as modified to the extent that parties have amicably settled the dispute between them. Ordered accordingly. 7. The Compromise Deed entered into between the parties, which is appended with this application as Annexure C­1 and execution of which alongwith contents stands admitted by learned Counsel for the parties, is ordered to be made a part of the record. The application stands disposed of.

RSA No.270 of 2015

Mr. T.S. Chauhan, Advocate has put in appearance on behalf of the newly added appellant.

The appeal is ordered to be disposed of in terms of the Compromise dated 11.08.2020, entered into between the parties and the judgments and decrees passed by learned Courts below are modified to the extent of Compromise which stands entered between the parties.

On the request of learned Counsel for the respondent, it is ordered that the decretal amount which stands deposited by the appellant before this Court, be released in favour of the respondent on furnishing his bank details with the Registry of this Court within one week from today.

This order is being passed as learned Counsel for the appellant submits that he has no objection in case the decretal amount which stands deposited with this Court, is released in favour of the respondent. Pending miscellaneous applications, if any, also stand dismissed. Interim order, if any, stands vacated.