RAM KISHAN Vs. JAGDISH CHAND AND OTHERS

JUDGEMENT

(1.) This order shall dispose of five* Regular Second Appeals arising out of common impugned judgement dated 30.9.2004 passed by the learned appellate court, in view of applications moved under Order 23 Rule 3 read with Section 151 CPC by the L.Rs. of appellant-Ram Kishan for disposing of these appeals in terms of compromise deed dated 17.1.2012 (Annexure A1) executed between the L.Rs. of all the respective parties in view of an amicable settlement arrived at between them.

(2.) RSA No. 1514/2005 has been filed by defendant no. 2/appellant Ram Kishan impugning the judgement and decree dated 30.9.2004 of reversal passed by the appellate court whereby while setting aside the judgement and decree dated 31.1.2002 dismissing the suit No. 559/1 of 1991 by the trial court, the suit for declaration and mandatory injunction filed by plaintiff/Jagdish Chand was decreed.

(3.) RSA No. 1515/2005 has also been filed by defendant no.2/appellant-Ram Kishan in the aforesaid suit for declaration and mandatory injunction filed by his brother Jagdish Chand, plaintiff against the judgement and decree of reversal dated 30.9.2004 passed by the appellate court whereby while decreeing the suit of the plaintiff-Jagdish Chand, the appeal filed by defendant no.3-Lal Singh (original mortgagee) having purchased 1/2 share from Jagdish Chand, was also allowed.