1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 9158 OF 2019 (Arising out of SLP (C)No.5148 of 2017) HARDEEP SINGH & ANR. Appellant(s) VERSUS GURBACHAN SINGH & ANR. Respondent(s) O R D E R R. BANUMATHI, J. : Leave granted. (2) The appellants-defendants have entered into an Agreement to Sell with respect to the suit property on 26.04.1999 for a sum of Rs.5,75,000/-. An advance of Rs.1,52,000/- was paid by the respondent no.1-plaintiff. Since the appellants-plaintiffs had not executed the sale deed, respondent no.1 filed Suit NO.1652 of 2003 for specific performance of the Agreement to Sell dated 26.04.1999. By the judgment dated 22.11.2012, the Trial Court decreed the said suit. The first appeal preferred by Appellants-defendants in Civil Appeal no.34 of 2013 was came to be dismissed by the Additional District Judge. Being aggrieved, the appellants-defendanats have filed the second appeal before the High Cout in R.S.A. NO.2126 of 2016 which also came to be dismissed. Being aggrieved by the concurrent findings by all the three courts below, the appellants- defendants have filed this appeal.
2 (3) During the course of hearing the appellants-defendants have negotiated for settlement and the parties have amicably settled the matter. The parties have, in addition to the agreed sale consideration i.e. an amount of Rs.5,75,000/-, the respondent no.1-plaintiff ought to pay a further amount of Rs.12,50,000/-, as noted in the Order dated 30.09.2019 that the respondent no.1-plaintiff have paid a sum of Rs.5,00,000/- by Demand Draft No.184218 dated 21.09.2019 which was handed over to appellant no.1-Hardeep Singh in the open court. (4) We have heard Mr. Vijay Hansaria, learned senior counsel appearing for the appellants and Mr. R.S. Suri, learned senior counsel appearing for respondent no.1 and also perused the impugned judgment and materials on record. (5) Today i.e. 02.12.2019 when the matter has been called for hearing, the balance amount of Rs.7,50,000/- has been paid by respondent no.1 to the appellants by way of Demand Draft No.184234 dated 21.11.2019 which has been received by appellant no.1-Hardeep Singh who is present in the Court in-person. (6) It is stated by learned senior counsel for the parties that by the proceedings of the Sale Deed has already been executed on 23.12.2015 in favour of respondent-plaintiff. (7) Today, the appellants have handed over the original Sale Deed executed on 22.09.2004 in favour of appellant no.2-Mohan Singh by respondent no.2-Town Improvement Trust, Ludhiana, and the same has been received by respondent no.1-plaintiff. (8) The amount of Rs.4,22,550/- deposited by respondent no.1 before the Additional Civil Judge, Ludhiana, shall be paid to
3 appellant No.1-Hardeep Singh along with the accrued interest, if any. Since the parties have amicably settled the matter and the fact that appellant no.1-Hardeep Singh has already received the additional amount of Rs.12,50,000/-, the appellants are directed to apply to the Town Improvement Trust, Ludhiana, for transfer of the suit property to respondent no.1-plaintiff. On such application being made, the Town Improvement Trust, Ludhiana, shall consider the same and pass appropriate orders. (9) In view of the amicable settlement between the parties, the appeal is disposed of. (10) The parties shall be at liberty to make a representation before the Town Improvement Trust, Ludhiana, for waiving the non-construction fine and the same shall be considered by the concerned Trust in accordance with law. ..........................J. (R. BANUMATHI) ..........................J. ( A.S. BOPANNA ) NEW DELHI, DECEMBER 2, 2019.
4 ITEM NO.2 COURT NO.5 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 5148/2017 (Arising out of impugned final judgment and order dated 06-09-2016 in RSA No. 2126/2016 passed by the High Court Of Punjab & Haryana At Chandigarh) HARDEEP SINGH & ANR. Petitioner(s) VERSUS GURBACHAN SINGH & ANR. Respondent(s) (IA No. 49239/2017 - EXEMPTION FROM FILING O.T. IA No. 2/2017 - EXEMPTION FROM FILING O.T. IA No. 49236/2017-PERM.TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEX.) Date : 02-12-2019 These matters were called on for hearing today. CORAM : HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner(s) Mr. Vijay Hansaria,Sr.Adv. Ms. Sneha Kalita, AOR For Respondent(s) Mr. R.S. Suri,Sr.Adv. Ms. Dipika Jain,Adv. Mr. Abhishek Singh, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. In terms of the signed order, the appeal is disposed of. Pending applications, if any, shall also stand disposed of. (MAHABIR SINGH) (BEENA JOLLY) COURT MASTER BRANCH OFFICER (Signed order is placed on the file)
ITEM NO.301 COURT NO.5 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 5148/2017 (Arising out of impugned final judgment and order dated 06-09-2016 in RSA No. 2126/2016 passed by the High Court Of Punjab & Haryana At Chandigarh) HARDEEP SINGH & ANR. Petitioner(s) VERSUS GURBACHAN SINGH & ANR. Respondent(s) (EXEMPTION FROM FILING O.T. AND PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 30-09-2019 These matters were called on for hearing today. CORAM : HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner(s) Mr.Vijay Hansaria,Sr.Adv. Ms. Sneha Kalita, AOR For Respondent(s) Mr. R.S. Suri,Sr.Avd. Ms. Deepika Jain,Adv. Mr. Abhishek Singh, AOR UPON hearing the counsel the Court made the following O R D E R Mr. Vijay Hansaria, learned senior counsel appearing on behalf of the petitioners as well as Mr. R.S.Suri, learned senior counsel appearing on behalf of the respondents submitted that the parties have settled the matter. In furtherance of the settlement, today, an amount of Rs. 5,00,000/- (Rupees five lakhs) by way of Demand Draft No. 184218 dated 21.09.2019 drawn in the name of petitioner no. 1 viz. Hardeep Singh has been handed over to petitioner no.1. For payment of remaining amount of Rs.7,50,000/- (Rupees seven lakhs fifty thousand) by respondent no. 1 to petitioner no. 1 and also for handing over all the original documents of title, list the matter on 21st October, 2019. (MADHU BALA) (PARVEEN KUMARI PASRICHA) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.48 COURT NO.6 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 5148/2017 (Arising out of impugned final judgment and order dated 06-09-2016 in RSA No. 2126/2016 passed by the High Court Of Punjab & Haryana At Chandigarh) HARDEEP SINGH & ANR. Petitioner(s) VERSUS GURBACHAN SINGH & ANR. Respondent(s) (IA No. 49239/2017 - EXEMPTION FROM FILING O.T. IA No. 2/2017 - EXEMPTION FROM FILING O.T. IA No. 49236/2017– PERM.TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEX.) Date : 20-09-2019 This matter was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner(s) Mr. Vijay Hansaria,Sr.Adv. Ms. Sneha Kalita, AOR For Respondent(s) Mr. R.S. Suri,Sr.Adv. Ms. Dipika Jain,Adv. Mr. Abhishek Singh, AOR UPON hearing the counsel the Court made the following O R D E R We have heard Mr. Vijay Hansaria, learned senior counsel appearing for the petitioners, and Mr. R.S. Suri, learned senior counsel appearing for the respondents, in-part. During the course of hearing without prejudice to the contention of the parties certain proposals have been made in the Court. In view of above, list the matter on 30.09.2019 at 02:00 P.M. as part-heard. (MAHABIR SINGH) (NISHA TRIPATHI) COURT MASTER BRANCH OFFICER
ITEM NO.804 COURT NO.3 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).5148/2017 (Arising out of impugned final judgment and order dated 06-09-2016 in RSA No.2126/2016 passed by the High Court of Punjab & Haryana at Chandigarh) HARDEEP SINGH & ANR. Petitioner(s) VERSUS GURBACHAN SINGH & ANR. Respondent(s) Date : 04-09-2019 This petition was mentioned today. CORAM : HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) For Respondent(s) Mr.Aditya Giri, Adv.(Mentioned by) Mr.Abhishek Singh, AOR UPON being mentioned the Court made the following O R D E R Not to be deleted from the date already notified i.e. 20.09.2019. (SATISH KUMAR YADAV) (RAJ RANI NEGI) AR-CUM-PS ASSISTANT REGISTRAR
ITEM NO.24 REGISTRAR COURT. 1 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. RAJESH KUMAR GOEL Petition(s) for Special Leave to Appeal (C) No(s). 5148/2017 HARDEEP SINGH AND ANR & ANR. Petitioner(s) VERSUS GURBACHAN SINGH AND ANR & ANR. Respondent(s) Date : 21-07-2017 This petition was called on for hearing today. For Petitioner(s) Ms. Sneha Kalita, AOR For Respondent(s) Mr. Avinash Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Respondent No. 1 has already filed the Counter Affidavit. Service is complete on respondent No. 2, but none has entered appearance. Registry to process the matter for listing before the Hon'ble Court. RAJESH KUMAR GOEL Registrar
ITEM NO.66 REGISTRAR COURT. 1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. RAJESH KUMAR GOEL Petition(s) for Special Leave to Appeal (C) No(s). 5148/2017 HARDEEP SINGH AND ANR. Petitioner(s) VERSUS GURBACHAN SINGH AND ANR. Respondent(s) (with appln. (s) for exemption from filing O.T. and interim relief and office report) Date : 01/05/2017 This petition was called on for hearing today. For Petitioner(s) Ms. Sneha Kalita,Adv. For Respondent(s) Mr. Avinash Kumar,Adv. UPON hearing the counsel the Court made the following O R D E R Last and final opportunity is granted to respondent No.1 for filing counter affidavit within four weeks' time. Respondent No.2 has been served but no one has put in appearance. List again on 21.7.2017. (RAJESH KUMAR GOEL) Registrar
²ITEM NO.66 REGISTRAR COURT. 1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. RAJESH KUMAR GOELPetition(s) for Special Leave to Appeal (C) No(s). 5148/2017HARDEEP SINGH AND ANR. Petitioner(s) VERSUSGURBACHAN SINGH AND ANR. Respondent(s)(with appln. (s) for exemption from filing O.T. and interim relief and office report)Date : 01/05/2017 This petition was called on for hearing today.For Petitioner(s) Ms. Sneha Kalita,Adv. For Respondent(s) Mr. Avinash Kumar,Adv. UPON hearing the counsel the Court made the following O R D E RLast and final opportunity is granted to respondent No.1for filing counter affidavit within four weeks' time.Respondent No.2 has been served but no one has put inappearance.List again on 21.7.2017. (RAJESH KUMAR GOEL) Registrar
ITEM NO.45 REGISTRAR COURT. 1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWAL Petition(s) for Special Leave to Appeal (C) No(s). 5148/2017 HARDEEP SINGH AND ANR. Petitioner(s) VERSUS GURBACHAN SINGH AND ANR. Respondent(s) (with appln. (s) for exemption from filing O.T. and interim relief and office report) Date : 31/03/2017 This petition was called on for hearing today. For Petitioner(s) Ms. Sneha Kalita,Adv. For Respondent(s) Mr. Avinash Kumar,Adv. Ms. Pallavi Tayal Chadha, Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks' time is granted to respondent No.1 for filing counter affidavit. None appears for respondent No.2, despite due service. List again on 1.5.2017. (PAWAN DEV KOTWAL) Registrar
SECTION IVB Listed on.31.03.2017 Court No.R1 IN THE SUPREME COURT OF INDIA Item No. 45 CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL(CIVIL)NO. 5148 OF 2017 WITH PRAYER FOR INTERIM RELIEF Hardeep Singh & Anr. ...Petitioner(s) Versus Gurbachan Singh & Anr. ...Respondent(s) OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 03.02.2017, when the Court was pleased to pass the following order : “ Delay condoned. Issue Notice. Status quo, as of today, shall be maintained by the parties till the next date of hearing.” Accordingly, show cause notice was issued to both the respondents on 23.02.2017 through Regd. A.D. Post. As per tracking report, in respect of Respondent No. 1, item delivery attempted Door Lokced/First Intimation and item delivered at Basasnt Avenue and in respect of Respondent No. 2, item delivered at Ludhiana HO. But neither AD Cards nor unserved covers containing notice have been received back from both the respondents so far. Service of show cause notice is incomplete on both the respondents. The matter is listed before the Ld. Registrar's Court with this office report. Dated this the 30th day of March, 2017. ASSISTANT REGISTRAR Copy to :Mr. Rameshwar Prasad Goel, Adv. ASSISTANT REGISTRAR Com1/Mty
lITEM NO.45 REGISTRAR COURT. 1 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. PAWAN DEV KOTWALPetition(s) for Special Leave to Appeal (C) No(s). 5148/2017HARDEEP SINGH AND ANR. Petitioner(s) VERSUSGURBACHAN SINGH AND ANR. Respondent(s)(with appln. (s) for exemption from filing O.T. and interim relief and office report)Date : 31/03/2017 This petition was called on for hearing today.For Petitioner(s) Ms. Sneha Kalita,Adv. For Respondent(s) Mr. Avinash Kumar,Adv. Ms. Pallavi Tayal Chadha, Adv. UPON hearing the counsel the Court made the following O R D E RFour weeks' time is granted to respondent No.1 for filingcounter affidavit.None appears for respondent No.2, despite due service.List again on 1.5.2017. (PAWAN DEV KOTWAL) Registrar
ITEM NO.22 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)......CC 2049/2017 (Arising out of impugned final judgment and order dated 06/09/2016 in RSA No. 2126/2016 passed by the High Court of Punjab & Haryana at Chandigarh) HARDEEP SINGH AND ANR. Petitioner(s) VERSUS GURBACHAN SINGH AND ANR. Respondent(s) (With appln. (s) for c/delay in filing SLP) Date : 03/02/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Vijay Hansaria, Sr. Adv. Ms. Sneha Kalita, AOR Mr. Avnish Pandey, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. Status quo , existing as on today, shall remain in force until further orders. (Chetan Kumar) Court Master (H.S. Parasher) Court Master
°ITEM NO.22 COURT NO.2 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C)......CC 2049/2017(Arising out of impugned final judgment and order dated 06/09/2016in RSA No. 2126/2016 passed by the High Court of Punjab & Haryanaat Chandigarh)HARDEEP SINGH AND ANR. Petitioner(s) VERSUSGURBACHAN SINGH AND ANR. Respondent(s)(With appln. (s) for c/delay in filing SLP)Date : 03/02/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MRS. JUSTICE R. BANUMATHIFor Petitioner(s) Mr. Vijay Hansaria, Sr. Adv. Ms. Sneha Kalita, AORMr. Avnish Pandey, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RDelay condoned.Issue notice.Status quo , existing as on today, shall remain inforce until further orders.(Chetan Kumar)Court Master (H.S. Parasher)Court Master