Ram Kumar Etc. v. Smt. Kamla Devi & ANR.
**** RSA No.180 of 1985 (O&M) Date of Decision: 20.11.2015 **** Ram Kumar & Ors.
. . . . Appellants VS.
Kamla Devi & Ors.
. . . . Respondents ****
**** Present: Mr. CB Goel, Advocate for the appellants Mr. Anil Bansal, Advocate for the respondents Mr. GC Shahpuri, Advocate ***** (1). This Regular Second Appeal is directed against the judgement and decree dated 03.12.1984 passed by the Lower Appellate Court whereby the judgement and decree dated 27.08.1982 passed by the trial Court was reversed and the suit filed by respondent No.1plaintiff has been decreed. (2). Learned counsel for the parties jointly state at the bar that the dispute has been amicably settled and in terms thereof, the first respondent (Smt. Kamla Devi) will be entitled to 15000/- in lumpsum as monthly maintenance during her lifetime. It is further stated that out of 15000/-, appellant No.3 (Mohan Lal s/o Krishan Chand) shall contribute 7000/-, appellants No.1&2 and LRs of appellant No.6&7 shall contribute 5000/- whereas the balance amount of 3000/- shall be paid by appellant No.4&5 i.e. Ashwani Kumar and Vipin Kumar sons of Munshi Ram.
V.VISHAL 2015.12.03 16:32 I attest to the accuracy and authenticity of this document
(3). The appellants and/or their LRs as well as the first respondent have deposed on oath in support of the amicable settlement.
(4). In this view of the matter, the instant appeal is allowed in part and the judgements and decrees passed by both the Courts below are modified and the suit filed by respondent No.1 is decreed in terms of the above-stated settlement according to which, the first respondent is held entitled to seek maintenance @ 15000 p.m. w.e.f. 01.11.2015 from the appellants jointly or severely as per their respective undertaking noticed in para 2 above. The said amount of maintenance shall be paid to respondent No.1 on or before 10th day of every calendar month. The appellants shall be at liberty to either deposit the maintenance amount directly in the bank account of respondent No.1 i.e. No.6065121585 of Indian Bank at Chandni Chowk, Old Subzi Mandi, Kaithal (IFSC Code: IDIB000K187) or pay her by way of demand draft.
The inter se liability towards payment of lumpsum amount of maintenance amongst the appellants shall be as per their statements on oath made today. As regards the maintenance of November, 2015, the appellants are directed to pay the same to respondent No.1 on or before 30.11.2015.
(5). The appeal stands disposed of in above terms.
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*-./ V.VISHAL 2015.12.03 16:32 I attest to the accuracy and authenticity of this document