CWP No.1061 of 2006
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM No.18841-42 of 2008 &
CWP No.1061 of 2006
Date of Decision:25.02.2009
Sukhwinder Singh & anr.
....petitioners
Versus
State of Punjab & Ors.
.....respondents
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG
Present: Mr.R.K.Arya,Advocate
for the petitioners
Mr.P.S.Baath,Advocate for
Mr.K.S.Grewal,Advocate
for respondent Nos.5 to 7.
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RAKESH KUMAR GARG J.
CM No.18841-42 of 2008
There is a dispute between the parties i.e.the petitioners
and respondent Nos.5 to 7 with regard to the allotment of land measuring
16 kanal 5 marlas situated in village Chakohi, Tehsil Khanna, District
Ludhiana.
During the pendency of this writ petition Civil Miscellaneous
application No.18842 of 2008 has been filed by the petitioners placing on
record the written compromise dated 13.08.2008 effected between the
parties attached as Annexure A-1 with the aforesaid application. According
to this compromiose, the petitioner is entitled to 7 kanals of land, whereas
the remaining land measuring 9 kanal 5 marlas will go to respondent Nos.5
to 7. Both the parties have however agreed that they will sell this land in
dispute, jointly and both the parties will receive the sale amount pro rata on
the basis of their share in the land as stated above and futher this writ
CWP No.1061 of 2006
petition is to be dismissed as withdrawn. It has been further stated that the
parties will be bound by the aforesaid compromise.
The Civil Miscellaneous application is allowed and the
compromise dated 13.08.2008 is taken on record.
CWP No.1061 of 2006
As per the compromise Annexure A-1, the dispute between the
parties has been settled. Statement of Randhir Singh s/o Nirbhai Singh,
General Power of Attorney of the petitioner who has been duly identified by
his counsel representing him, has been recorded in which he has accepted
the compromise dated 13.08.2008 Annexure A-1 and has stated that he
has no objection if the writ petition is dismissed. He has further stated that
the parties will be bound by the compromise. Statements of respondents
Gurbachan Singh,Gurnam Singh, Jaswinder Kaur and Sant Singh have
also been recorded who were duly identified by their counsel representing
them. In their statements they have accepted the fact that the dispute has
been settled vide compromise dated 13.08.2008 Annexure A-1 and they
have made the statements with their own free will and consent and they will
be bound by the compromise.
In view of the compromise Annexure A-1 and the statements
made by the parties this writ petition is dismissed as withdrawn in terms of
the compromise Annexure A-1. The parties will be bound by the
compromise Annexure A-1 and the statements made in the Court today.
Writ petition is ordered to be dismissed as withdrawn in terms of
compromise Annexure A-1 and the statement of parties.
(RAKESH KUMAR GARG)
JUDGE
25.02.2009
neenu