AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
13 paragraphs · 522 wordsAlok Kumar Verma, J
The Original Suit (O.S. No.227 of 2007) was filed by the original plaintiff – Late Sube Ram for cancellation of sale deed dated 28.05.2007 and for perpetual injunction. While dismissing the said suit, the learned Trial Court had directed the appellants – defendants to pay Rs.1,00,000/- along with an interest at the rate of 9% per annum. A Civil Appeal (Civil Appeal No.69 of 2016) was filed by the original plaintiff against the dismissal of the original suit, whereas, a Civil Appeal (Civil Appeal No.04 of 2017) was filed by the appellants – defendants challenging the judgment and decree by which the learned Trial Court had directed the defendants to pay Rs.1,00,000/- along with an interest at the rate of 9% per annum. The Civil Appeal (Civil Appeal No.69 of 2016) has been allowed vide judgment and decree dated 23.07.2019, passed by learned Additional District Judge, Laksar, District Haridwar and decreed the Original Suit, filed by the plaintiff for cancellation of sale deed dated 28.05.2007 and for grant of permanent injunction, whereas, the Civil Appeal No.04 of 2017 has been dismissed.
The Second Appeal (No.165 of 2019) has been filed against the dismissal of the Civil Appeal No. 04 of 2017.
The Second Appeal (No.74 of 2024) has been filed challenging the judgment and decree passed in Civil Appeal (No.69 of 2016).
Heard Mr. Aditya Singh, learned counsel for the appellants in both the Appeals and Mr. Nikhil Singhal, learned counsel for the respondent nos. 1/2 and 1/3, the legal representatives of the deceased-plaintiff.
Both the Second Appeals are admitted Appeals. Both the Appeals were consolidated on 25.06.2024. The file of the Second Appeal No.165 of 2019 is the leading file.
It has been submitted by both the parties that the respondent no.1/2 and respondent no.1/3 (legal representatives of the original plaintiff) have received full consideration of the sale deed. Therefore, they have requested that the sale deed dated 28.05.2007 be considered a valid document.
Both the parties have requested to decide the Second Appeals in terms of the Settlement Deed dated 04.05.2024, filed in Second Appeal No.165 of 2019 and Settlement Deed dated 13.06.2024, filed in Second Appeal No.74 of 2024 along with the Compromise Applications.
Both the parties submitted that they have filed the Compromise Application (IA No.14320 of 2024 in Second Appeal No.165 of 2019) and Compromise Application (IA No. 2 of 2024 in Second Appeal No.74 of 2024) along with Settlement Deeds dated 04.05.2024 and 13.06.2024 with their free will and without any pressure. The Compromise Applications have already been verified.
The Second Appeal (No.165 of 2019) and Second Appeal (No.74 of 2024) are disposed of in terms of the Settlement Deeds dated 04.05.2024 and 13.06.2024, filed along with the Compromise Applications.
Registry will draw the decree accordingly.
The Compromise Application (IA No. 14320 of 2024), the Compromise Application (IA No.02 of 2024), the Settlement Deeds dated 04.05.2024 and 13.06.2024 shall form part of the decree.
A copy of this order be placed on the file of Second Appeal No.74 of 2024.