Smt. Mohinder Kaur vs Giani Inder Singh & Others on 26 August, 2009

    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                  CHANDIGARH

                                RSA No.2218 of 1982 (O&M)
                                Decided on : 26.08.2009

Smt. Mohinder Kaur                              ... Appellant

                           versus

Giani Inder Singh & others                      ...Respondents

CORAM : HON'BLE MR. JUSTICE AJAY TEWARI

Present : Mr. Piyush Kan Jain, Advocate
          for the appellant.

             Mr.Amit Rawal, Advocate
             for respondent No.4.
             Mr. Deepak Verma, Advocate.
                                ****

1.Whether Reporters of local newspapers may be allowed to see
  the judgment?
2.To be referred to the reporters or not?
3.Whether the judgment should be reported in the Digest?

AJAY TEWARI, J. (ORAL)

In this appeal after arguing for some time, learned

counsel for the parties have agreed that this matter can be

compromised. On behalf of the appellant, her husband is present

in Court and on behalf of the respondents, respondent No.2 –

Pritpal Singh is present in Court. On instructions from their

clients, learned counsel are agreed that appellant would pay an

amount of Rs.2,20,000/- to the respondents and the respondents

would then execute the sale deed in favour of the appellant-

plaintiff.

Since there is an agreement between the parties on

this account, I pass a decree of specific performance in favour of

the appellant and against the respondents for sale of the
RSA No.2218 of 1982 (O&M) -2-

property in dispute for a further consideration of Rs.2,20,000/-.

It is further directed that the appellant would be at liberty to

deposit the share of the respondents/legal representatives in

their respective bank accounts, the details of which would be

provided by the respondent No.2-Pritpal Singh. In case any

person’s account is not provided then the share of that person

would be deposited by the appellant before the Executing Court.

The appellant undertakes to file appropriate execution

application within a period of one month after receipt of certified

copy of this order under notice to the respondent No.2 who

undertakes to appear on the date indicated in the notice and

furnish the details of the bank accounts mentioned above.

However, if the respondent No.2 does not appear before the

Executing Court, the appellant would be at liberty to deposit the

entire sale amount in the Court and get the sale deed registered

through Court. In case the appellant does not file any execution

application within 30 days as aforesaid, this appeal would be

deemed to have been dismissed.

Consequently this appeal is disposed of.

August 26, 2009                            (AJAY TEWARI)
sonia                                          JUDGE