HIGH COURT OF UTTARAKHAND
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(1.) This appeal is directed for setting aside the judgment and decree dated 30-5-2009 passed by Civil Judge (S.D.) Roorkee, District Haridwar in O.S. No. 99 of 2007 Sewa Gir Vs. Smt. Reena, Annexure No. 5 to the writ petition, whereby the suit for specific performance was decreed. During the pendency of this appeal, both the parties have entered into compromise and have filed the compromise application No. 9775 of 2012. The compromise has been verified before the Registrar (Judicial) on today itself. In terms of compromise the respondent has agreed to take back Rs. Six lacs from the appellant by way of a demand draft, which has been prepared in the name of the respondent and handed over to the respondent before the Registrar (Judicial). The learned counsel for the respondent has also stated that his client has received the bank draft before the Registrar (Judicial). Apart from this, the respondent has deposited a sum of Rs. Two lacs before the executing court in performance of the decree and it was agreed that the respondent may withdraw that sum of Rs. Two lacks and the appellant has no objection to it.
(2.) Therefore, in view of the compromise application, the appeal is allowed and the impugned judgment and decree dated 30-5-2009 is set aside and the suit for specific performance is dismissed on the ground that the respondent has already received Rs. Six lacs from the appellant by way of compromise. The compromise application shall form part of the decree. If the plaintiff/respondent applies for withdrawal of the amount of Rs. Two lacs, which was deposited by him before the executing court, the executing court shall release the said amount in favour of plaintiff-respondent, without issuing notice to the defendant-appellant.;
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