Court No. - 37
Case :- SECOND APPEAL No. - 575 of 2016 Appellant :- Lala Kanwar Sen Respondent :- Kalu Ram Alias Arun Kumar Counsel for Appellant :- Pankaj Agarwal,Ajay Kumar Singh Counsel for Respondent :- Ashish Kumar Singh
Hon'ble Ved Prakash Vaish,J.
Heard Sri Pankaj Agarwal, learned counsel for the appellant and Sri Vinay Kumar, Advocate holding brief of Sri Ashish Kumar Singh, learned counsel for the respondent.
This is an appeal under Section 100 of Code of Civil Procedure, 1908 (hereinafter referred to as 'C.P.C.') against the impugned judgment and decree dated 16.12.2016 passed by learned Additional District Judge, Saharanpur in Civil Appeal No.78 of 2013 whereby the appeal filed against the judgment and decree dated 19.9.2013 passed by learned Additional Civil Judge (S.D.), Saharanpur, was allowed.
The brief facts of the present case are that the appellant, Sri Lala Kunwar Sen (plaintiff in the original suit) filed an Original Suit No.1016 of 2008 for specific performance of agreement to sell dated 27.8.1984 against the respondent (defendant in the original suit). The said suit was decreed by learned Additional Civil Judge (S.D.), Saharanpur vide judgment and decree 19.9.2013.
Against the said judgment and decree, the respondent herein filed an appeal bearing Civil Appeal No.78 of 2013. The said appeal was allowed by learned Additional District Judge, Saharanpur vide judgement and decree dated 16.2.2016.
Feeling aggrieved by the said judgment and decree, the appellant/plaintiff has filed the present second appeal.
Learned counsel for the appellant submits that both the parties have amicably settled the matter and execution filed by the respondent has been disposed of in terms of full satisfaction, in view of the compromise.
Learned counsel for the appellant submits that the appellant does not want to pursue the appeal and the same may be dismissed as withdrawn. Learned counsel for the appellant also submits that an application under Section 151 of C.P.C. bearing Civil Misc. Listing Application No.2 of 2018 has been filed.
Learned counsel for the respondent submits that he has no objection to the submissions made by learned counsel for the appellant.
In view of the submissions made by learned counsel for both the parties as well as the Civil Misc. Listing Application No.2 of 2018, the appeal is dismissed as withdrawn.
Accordingly, the Civil Misc. Listing Application No.2 of 2018 stands disposed of.
Lower court record be sent back immediately.
(Ved Prakash Vaish, J.) Order Date :- 31.5.2018 Vivek Kr.