In other words, the second appeal was number decided on merits but disposed of in the light of companypromise arrived at between the parties.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal in part and set aside the order passed in the review petition and permit the appellants to file an application before the High Court for amending their review petition, filed in disposed of second appeal, raising all their grievances against the manner in which the second appeal came to be disposed of in the light of alleged companypromise to enable the High Court to decide the review petition afresh.
Against the said order, the appellants herein filed Review Application No.75C of 2006 in R.S.A. No.4576 of 2003 which was dismissed by the High Court by order dated 29.01.2007.
Few facts need to be mentioned for the disposal of this appeal.
The appellants herein were arrayed as respondent Nos.4 to 6 in the second appeal out of which this appeal arises.
Respondent Nos.4 to 7 herein filed second appeal before the High Court challenging the judgment and decree dated 01.02.2003 passed by the First Appellate Court which arose out of judgment decree dated 31.03.2001 passed by the Civil Judge Junior Division in a civil suit filed for a declaration and permanent injunction.
The appellants herein felt aggrieved by the disposal of the second appeal and filed review petition but it was dismissed which has given rise to filing of the present appeal by way of special leave against the order of disposing of the appeal and dismissing the review petition.
The Single Judge of the High Court, however, by impugned order dated 26.09.2006 disposed of the second appeal in the light of companypromise, which is said to have been arrived at between the parties.
Abhay Manohar Sapre, J. This appeal is directed against the final judgment and order dated 26.09.2006 passed by the High Court of Punjab Haryana at Chandigarh in R.S.A. No.4576 of 2003 whereby the High Court disposed of the second appeal in terms of the Signature Not Verified companypromise arrived at between the parties and Digitally signed by ANITA MALHOTRA Date 2018.08.10 171413 IST Reason decreed the suit.
