Vivek Tiwari And ANR. v. Lallaram And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MAC No. 405 of 2014

1. Vivek Tiwari S/o Umanath Tiwari Aged About 22 Years, caste Brahman, Occupation Driver, R/o village Kamalpur, P.S. And Tah. Surajpur, Distt. Surajpur C.G.

2. Durgawati Devi W/o Dwarika Aged About 40 Years, caste Brahman, Occupation Vehicle Owner, R/o village Kamalpur, P.S. And Tah. Surajpur, Distt. Surajpur C.G.

----Appellants

Versus

1. Lallaram S/o Shiwaram Aged About 45 Years caste gond, Occupation, Agriculture.

2. Gangabai W/o Lallaram Aged About 40 Years, caste Gond, Occupation Housewife.

Both R/o Kamalpur, P.S. And Tah. Surajpur, Distt. Surajpur C.G.

3. United India Insurance Company Ltd. Thru- The Branch Manager, Branch Office, Bramha Road, Ambikapur, Distt. Surguja C.G. ---- Respondents For Appellants Shri Atanu Ghosh, Advocate.

For Respondent no.3 Shri H.B. Agrawal, Senior Advocate with Shri Pankaj Agrawal, Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order On Board 13/02/2019

1. Heard on I.A. No.2, application seeking disposal on the basis of settlement.

2. In the aforesaid application filed by the appellants, it has been stated that during pendency of this appeal, claimants and the appellants have amicably settled the matter before the Executing Court on 10.02.2016. The claimants have been paid satisfactory

amount by the appellants through cheque dated 10.02.2016 of Rs.2,25,000/-. The claimants do not want to prosecute the execution proceedings. Along with this application, certified copy of the order dated 10.02.2016 of the concerned Tribunal, copy of settlement deed and the cheque worth Rs.2,25,000/- have been filed.

3. No counter appeal has been filed by the claimants.

4. In view of above, I.A. No.2 is allowed and consequently the appeal stands disposed of.

Sd/- Gautam Chourdiya Judge Akhilesh