Harbansh Singh And Others vs Amar Singh And Others

Manoj Kumar Garg, J

An application (Inward No.3/2019) under Order 22 Rule 4 & 11 CPC has been filed by the counsel for the appellant for taking legal representatives of

respondent No.4 on record, as the respondent No.4 Mukhvinder Singh expired on 21.10.2018.

For the reasons mentioned in the application, the application is hereby allowed.

Amended cause title is already filed and the same is hereby taken on record.

An another application has been filed by the respondent No.5 and legal representatives of respondent No.4, mentioning that both the parties settled the

disputed with the following undertakings, which reads as under:-

“(I) That we shall execute sale deed in favour of appellants Harbash Singh and Rajwant Singh in respect of my share in 25 bighas of land i.e. Kila

No.16 to 25 at stone No.268/340 and Kila No.1 to 15 at stone No.269/340 in Chak 14 PTD Tehsil Raisinghnagar, District Sri Ganganagar and we

further undertake not to interfere with the possession of the appellants on the above land and also not to alienate, sell or mortgage the above property

to anyone else provided appellants withdraw the above appeal i.e. C.F.A. No.95/201.

II) That in any case if for any reason if it is not possible for us to execute the sale deed within a month of the withdrawal of appeal, it will be open for

the appellants to revive the appeal and we will continue to abide by the undertaking not to interfere with the possession of the appellants on the above

land and also not to alienate, sell or mortgage the above property to anyone else.

(III) That we hereby do not press cross-objection 13/2021 filed in the above appeal.â€​

In the light of undertaking given by the respondents, counsel for the appellant wants to withdraw the present first appeal.

Accordingly, the instant civil first appeal is hereby dismissed as withdrawn in terms of the undertaking given by the respondents.