Satpal vs. Tara Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA No.5758 of 2014(O&M) Date of decision: 09.12.2014

Satpal

…Appellant

Versus

Tara Singh

… Respondent

CORAM: HON'BLE MR. JUSTICE ARUN PALLI

Present: Mr. Rajeev K. Kapila, Advocate for the appellant.

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• 1. Whether reporters of local papers may be allowed to see the judgment?
• 2. To be referred to the reports or not?
• 3. Whether the judgment should be reported in the digest?

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ARUN PALLI J. (Oral)

On 04.12.2014, this court had passed the following

order:

"Present: Ms. Satpreet Grewal, Advocate for the appellant.

Learned counsel for the appellant contends that the appellant is ready to withdraw the appeal and vacate the demised premises provided he is afforded six months time to vacate the premises and hand over the actual physical possession thereof to the respondent-Decree Holder. She has also produced an affidavit of the appellant in this regard, which is taken on record.

Notice of motion to the respondent-Decree Holder, limited to the afore-indicated extent only, for 09.12.2014.

Process dasti only."

Mr. Arun Takhi, Advocate, who has caused appearance on behalf of the respondent, submits that let six months time be granted to the appellant from today to vacate the demised premises.

Learned counsel for the appellant re-assures the court that appellant would vacate the demises premises on or before 09.05.2015 and hand over its actual physical and vacant possession to the respondent/decree-holder. He submits that in case the appellant fails to deliver possession even after 09.05.2015, respondent/decree-holder shall be at liberty to have the decree executed forthwith. He further undertakes that appellant would not file any objection or initiate any fresh litigation as regards the suit property.

In the wake of the above, the appellant is granted six months time to vacate the premises and hand over its actual physical and vacant possession to the respondent/ decree-holder on 09.05.2015, failing which decree shall be executed forthwith. As prayed for, appeal is dismissed as withdrawn.

Appellant shall place on record copy of his affidavit, dated 04.12.2014, before the executing court within a week from today.

( Arun Palli ) Judge

December 9, 2014 Rajan

RAJAN 2014.12.11 17:56 I attest to the accuracy and integrity of this document Chandigarh