Crl. Misc. No. 219-MA of 2008 (1)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. 219-MA of 2008
DATE OF DECISION: 27.11.2009
Yadwinder Kumar ..........Applicant
Versus
Manohar Lal & Ors. ..........Respondents
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present:- Mrs. Baljit Kaur Mann, Advocate
for the applicant.
Mr. Sudeep Mahajan, Advocate
for respondents No.1 and 3.
****
JASBIR SINGH, J.
This order shall dispose of Crl. Misc. No. 219-MA of 2008 and
R.S.A. No. 577 of 2004.
Applicant-appellant and respondents No.1 and 3 are the real
brothers. On 11.11.2009, following order was passed by this Court:-
Applicant and respondents No.1 and 3 are the real
brothers. It is very unfortunate that they are fighting
amongst themselves. It was brought to our notice that
cause of litigation between the parties is a piece of land
measuring about 27 biswas, left by their father, which is
subject matter of litigation in Regular Second Appeal No.
577 of 2004 titled as Yadwinder Kumar Vs. Satpal and
others.
With the intervention of counsel for the parties,
better sense has prevailed and the matter has been
Crl. Misc. No. 219-MA of 2008 (2)
settled. Respondents, mentioned above, have made an
offer that they shall pay an amount of Rs. 5.50 lacs
towards full and final settlement towards claim, in this
case and also in the Regular Second Appeal, mentioned
above. Respondent No.3, who is present in Court, has
further stated that some amount is lying in National
Savings Certificates and PPF account, in the name of
their father Balaki Ram. Documents, mentioned above,
shall be produced in Court on the next date of hearing.
Respondents have further agreed that they shall bring
the amount, in the shape of demand draft/cash on the
next date of hearing.
In view of the facts mentioned above, case is
adjourned to 23.11.2009.
Registry is directed to put up Regular Second
Appeal No. 577 of 2004 with this application, on the next
date of hearing, after obtaining appropriate orders from
Hon’ble the Chief Justice, so that matter can be finally
settled between the parties.”
In consequence to the order mentioned above, RSA No. 577
of 2004 is also fixed for hearing along with this application. As per
compromise arrived at between the parties, respondents No.1 and 3 have
brought two drafts in the sum of Rs. 1,50,000/- each, in the name of
Yadwinder Kumar, the applicant. Both the drafts have been handed over
to the applicant. Respondents No.1 and 3, who are present in person have
also paid an amount of Rs. 3,52,000/- in cash to Sh. Yadwinder Kumar,
applicant, who is also present in Court. Sh. Yadwinder Kumar states that
the abovesaid amount has been accepted towards full and final settlement
of all disputes which are pending today, in any court, between the parties.
Crl. Misc. No. 219-MA of 2008 (3)
He further states that he has no objection in case Criminal Misc.
Application No. 219-MA of 2008 (the present application) and RSA No. 577
of 2004 (titled as Yadwinder Kumar Vs. Satpal & Ors.) be dismissed as
withdrawn. He further states that he has no objection in case amount lying
in the account of Balaki Ram, father of the applicant and the respondents,
in post office at Barnala (National Savings Certificates) and PPF in the
State Bank of Patiala, Barnala be withdrawn by respondents, namely,
Satpal and Manohar Lal sons of Balaki Ram. Applicant has also put on
record his affidavit stating as mentioned above.
In view of facts mentioned above, as per terms of the
compromise, Criminal Misc. No. 219-MA of 2008 and R.S.A. No. 577 of
2004, both filed by applicant-Yadwinder Kumar are ordered to be
dismissed as withdrawn.
It is further ordered that Sh. Yadwinder Kumar shall have no
claim so far as the amount detailed in para 8 of the affidavit, which is lying
deposited in the name of Sh. Balaki Ram-deceased. It is also ordered that
respondents No.1 and 3, namely, Manohar Lal and Satpal shall have the
right to withdraw that amount from the account mentioned in para 8 of the
affidavit, which is reproduced as under:-
No. Amount Registration No. Date of Issue 127124 5000 7555 24.3.87 081200 1000 7555 24.3.87 081201 1000 7555 24.3.87 081202 1000 7555 24.3.87 618104 10000 9377 15.3.88 1515666 5000 11396 25.3.89 Crl. Misc. No. 219-MA of 2008 (4) 820805 1000 11396 25.3.89 820806 1000 11396 25.3.89 820807 1000 11396 25.3.89
Amount lying in account No. 55030482445 in the name of Balaki Ram in
State Bank of Patiala, Main Branch, Barnala under PPF Scheme 1968 till
today; and”
Respondents No.1 and 3 shall be entitled to withdraw the
abovesaid amount as per law and for that purpose if any further document
is needed, Sh. Yadwinder Kumar shall execute the same without any
objection.
In view of above, both Crl. Misc. No. 219-MA of 2008 and
R.S.A. No. 577 of 2004 are disposed of accordingly.
Copy of the order along with copy of the affidavit be supplied to
counsel for respondents No.1 and 3 on payment of dasti charges.
(JASBIR SINGH)
JUDGE
November 27, 2009 (DAYA CHAUDHARY)
pooja JUDGE
Note:-Whether this case is to be referred to the Reporter …….Yes/No