LAWS(HPH)-2023-1-9

JARNAIL SINGH Vs. SHANTA BEHL

Decided On January 06, 2023
JARNAIL SINGH Appellant
V/S
Shanta Behl Respondents

JUDGEMENT

(1.) By way of CMP No. 18442 of 2022 filed under Order 23, Rule 3 of the Code of Civil Procedure, a joint request has been made by the parties for placing on record the terms of settlement arrived at between them.

(2.) Learned counsel for the parties have apprised the Court that now the issue, subject matter of the present appeal, has been amicably settled between the parties. The terms of the settlement stand spelled out in Para-2 of the application, which is signed by the appellant/defendant as well as by the Special Power of Attorney of the respondent/plaintiff, who happens to be the son of the respondent/plaintiff. I have perused the averments made in the application, which is duly signed by the appellant as well as the Special Power of Attorney holder of the respondent. The application is also supported by the affidavit of the appellant as well as the Special Power of Attorney holder of the respondent. The statements of the appellant as well as Special Power of Attorney holder of the respondent have been separately recorded in the Court, in terms whereof, they have submitted that now the parties have settled the matter in terms of the terms of the settlement, which have been spelled out in Para-2 of the application.

(3.) Accordingly, CMP No. 18442 of 2022 is allowed and as prayed for, the appeal is disposed of in terms of the settlement so arrived at between the parties and it is ordered that the judgments and decrees passed by the learned Courts below stand modified in terms of the settlement arrived at between the parties. Registry to prepare a fresh decree sheet in terms of the said terms of settlement. The Court further stands informed that the appellant has handed over the possession of the demised premises to the respondent in terms of the settlement arrived at between the parties. Miscellaneous applications, if any, also stand disposed of.