Ram Kishan vs Jagdish Chand and others

Jaswant Singh. J.—This order shall dispose of five* Regular Second Appeals arising out of common impugned judgement dated 30.9.2004 passed by the learned appellate court, in view of applications moved under Order 23 Rule 3 read with Section 151 CPC by the L.Rs. of appellant-Ram Kishan for disposing of these appeals in terms of compromise deed dated 17.1.2012 (Annexure A1) executed between the L.Rs. of all the respective parties in view of an amicable settlement arrived at between them.

RSA No. 1514/2005 has been filed by defendant no. 2/appellant Ram Kishan impugning the judgement and decree dated 30.9.2004 of reversal passed by the appellate court whereby while setting aside the judgement and decree dated 31.1.2002 dismissing the suit No. 559/1 of 1991 by the trial court, the suit for declaration and mandatory injunction filed by plaintiff/Jagdish Chand was decreed.

RSA No. 1515/2005 has also been filed by defendant no.2/appellant-Ram Kishan in the aforesaid suit for declaration and mandatory injunction filed by his brother Jagdish Chand, plaintiff against the judgement and decree of reversal dated 30.9.2004 passed by the appellate court whereby while decreeing the suit of the plaintiff-Jagdish Chand, the appeal filed by defendant no.3-Lal Singh (original mortgagee) having purchased 1/2 share from Jagdish Chand, was also allowed.

RSA No. 1516/2005 has been filed by defendant/appellant Ram Kishan against the judgment and decree of reversal dated 30.9.2004 passed by the appellate court whereby suit no.3/1 of 1999 filed by mortgagees-Lal Singh and his two sons for permanent injunction was decreed while setting aside the judgment of dismissal passed by the trial court vide judgment and decree dated 31.1.2002.

RSA No. 1517/2005 has been filed by plaintiff/appellant Ram Kishan against the judgement and decree dated 30.9.2004 of reversal passed by the learned appellate court whereby the suit No. 82/1 of 1998 filed by the plaintiff Ram Kishan seeking redemption of the shop in question (suit property) was dismissed while accepting the appeal filed by his brother Jagdish Chand against the judgement and decree dated 31.1.2002 passed by the trial court decreeing the suit.

RSA No. 1518/2005 has been filed by plaintiff/appellant Ram Kishan against the judgement and decree of reversal dated 30.9.2004 whereby the appeal filed by mortgagees-Lal Singh and his sons has been accepted and the suit filed by the appellant for redemption of the shop in question has been dismissed while setting aside the judgement and decree dated 31.1.2002 passed by the trial court decreeing the suit.

Notice of the applications moved under Order 23 Rule 3 read with Section 151 CPC was issued for today.

At the time of hearing today, learned counsel for the parties on instructions from their respective parties pray that the present five connected appeals be disposed of in terms of the compromise deed dated 17.1.2012 (Annexure A-1) and judgements and decrees passed by the courts below be modified in terms of the said compromise deed. The statements of the parties in terms of compromise deed (Annexure A-1) have been recorded separately.

In view of the prayer made in the applications and the stand of the counsel for the parties, the applications moved under Order 23 Rule 3 read with Section 151 CPC in all the five appeals are allowed, compromise deed dated 17.1.2012 (Annexure A1) is taken on record and the judgements and decrees passed by the courts below are directed to be modified in the following terms, as agreed between the parties vide aforesaid compromise deed dated 17.1.2012:

(i) The legal representatives of Lal Singh son of Darbara Singh will become the owners in possession of the entire shop No. 28 situated at Karan Market, Karnal i.e. the suit property.

(ii) The legal representatives of Ram Kishan and Jagdish Chand shall have no right, title or interest in the above shop No. 28.

(iii) The legal representatives of Ram Kishan shall take the necessary steps to execute the sale deed of the share of the shop in their name in favour of the legal representatives of Lal Singh and the legal representatives of Lal Singh shall be considered to be the full owners in possession of the entire Shop No. 28.

(iv) The Improvement Trust, Karnal shall give the requisite permission to transfer the entire Shop No. 28 in the name of legal representatives of Lal Singh.

All the five RSAs stand disposed of accordingly.

Decree sheet be prepared accordingly.

A copy of this order be placed on the files of connected appeals.