Regular Second Appeal No. 175 of 2004 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Regular Second Appeal No. 175 of 2004
Date of Order: 08.07.2009
M/s Hind Furniture Emporium, Anand Market,
Jagadhri, Yamuna Nagar through Ranbir Singh
its partner and another
....Appellants
Versus
Neeraj Kumar and another
..Respondents
CORAM: HON’BLE MR. JUSTICE RAJIVE BHALLA
Present: Mr. Harsh Aggarwal, Advocate
for the appellant
Mr. A.K.Chopra, Senior Advocate with
Mr. Rajneesh Chauhan, Advocate
for the respondent
RAJIVE BHALLA, J (Oral).
The appellant-firm though its partner, challenges the judgment
and decree dated 31.10.2003, passed by the Additional District Judge,
Yamuna Nagar at Jagadhri, accepting the appeal filed by the respondent-
landlord, setting aside the judgment and decree dated 02.12.1999, passed
by the Civil Judge (Junior Division), Jagadhri and as a consequence
decreeing the suit for possession and damages.
During the pendency of this appeal, and with the able assistance
of their counsel, parties have resolved their differences. In furtherance
thereto, the appellant filed an affidavit dated 07.07.2009 setting out the
terms and conditions of the settlement. However, a fresh affidavit dated
08.07.2009 has been filed in court today and is taken on record.
Counsel for the parties are ad-idem that the appeal be disposed
of in terms of the affidavit dated 08.07.2009 and the affidavit dated
07.07.2009 be struck off the record. A relevant extract from the affidavit
dated 08.07.2009, filed by Ranbir Singh son of Shri Naurata Ram, reads
as follows:-
Regular Second Appeal No. 175 of 2004 -2-
“3. That the deponent/appellant filed the above mentioned
Regular Second Appeal and the same is listed for
motion hearing on July 8, 2009.
4. That the deponent/appellant accepts the correctness of
the judgment and decree dated October 31, 2003
passed by the Appellate Court.
5. That the deponent/appellant undertakes to vacate the
premises on or before January 7, 2011 and further
undertakes to hand over the vacant possession of the
premises to the owner, Neeraj Kumar.
6. That the deponent/appellant undertakes to deposit an
amount of Rs.2,550/- in advance to the
owner/respondent within seven days from today and
further sum of Rs.2,550/- shall be paid to the land-
owner Neeraj Kumar on or before January 13, 2010
and to pay further sum of Rs.2,550/- to the owner
Neeraj Kumar on or before July 12, 2010.
7. That in case the vacant possession is not handed over
to the owner Neeraj Kumar on or before January 7,
2011, for any reason whatsoever and/or if default in the
payment of the amount as aforesaid is made, the
owner shall be entitled to execute the decree dated
October 31, 2003 for possession and recovery against
the deponent/appellant and/or any one claiming under
or through him, shall have no right whatsoever to file
any objection or to resist the decree in any manner.
Further, in case of non-delivery of vacant possession
as aforesaid, or in default in any manner, the
deponent/appellant shall straightway be liable for
Regular Second Appeal No. 175 of 2004 -3-contempt of this Hon’ble Court.
8. That the deponent/appellant, his legal representatives,
assignees or any one claiming under or through him in
any manner, shall not have any right to stay in the
premises after January 6, 2011.”
In addition, Mr. Ranbir Singh son of Naurata Ram, who is present
in court and has been duly identified by his counsel, states that he has no
objection if the amount deposited by him pursuant to orders passed by the
Executing Court, is released to respondent no.1. He further states that
respondent no.2, the other partner has since passed away. Shri Neeraj
Kumar, the landlord-respondent no.1 accepts the aforementioned affidavit
and statement and states that he would not execute the judgment and
decree upto 06.01.2011.
In view of the settlement between the parties, the appeal is
dismissed as withdrawn. However, the judgment and decree passed by
the Additional District Judge, Yamuna Nagar at Jagadhri, dated
31.10.2003 shall remain in abeyance upto 07.01.2011. The appellant shall
vacate the premises on or before 06.01.2011. The terms and conditions of
his affidavit dated 08.07.2009 shall be read as a part of this order. In case
the appellant does not vacate the possession, respondent no. 1 would be
free to execute the decree in terms of the affidavit dated 08.07.2009 filed
by Ranbir Singh son of Naurata Ram. Respondent no.1 shall be entitled to
withdraw the amount deposited by the appellant, pursuant to orders passed
by Executing Court.
It is made clear that this order shall have no bearing on any other
litigation that may be pending inter-parties. The affidavit dated 07.07.2009
is struck off the record.
July 08, 2009 (RAJIVE BHALLA)
nt JUDGE
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