Jitender Kumar v. Sita Ram And Another

CWP No. 14364 of 2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 14364 of 2022 Date of Decision: 08.07.2022 Jitender Kumar -Petitioner

Versus

Sita Ram and another -Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Anil Ghangas, Advocate, for the petitioner.

**** RAJ MOHAN SINGH, J. (Oral) Learned counsel for the petitioner submits that the Additional Civil Judge (Senior Division), Loharu was under obligation to consider the statements of defendant No.1 namely Sita Ram and father of defendant No.1 namely Rameshwar dated 19.09.2017 at the time of passing order dated 14.05.2022, whereby the suit was ordered to be dismissed as withdrawn in the National Lok Adalat on the statement of learned counsel for the plaintiff.

Learned counsel further submits that only those cases are to be placed before the National Lok Adalat in which there are settlements between the parties. After the demise of Rameshwar- defendant No.2, Kaushalya Devi has JYOTI SHARMA 2022.07.08 17:27 I attest to the accuracy and authenticity of this order/judgment

CWP No. 14364 of 2022 -2also filed an affidavit being beneficiary under the Will, endorsing the factum of settlement.

Notice of motion.

At this stage, Mr. S.K. Verma, Advocate appears and accepts notice on behalf of the respondents and categorically submits before this Court that his clients would honor the commitment arising out of statement made by the defendants on 19.09.2017 and affidavit dated 02.03.2022 executed by Kaushalya Devi.

In view of consensus arrived at between the parties, the impugned orders are set aside. The matter is again remitted to the Additional Civil Judge (Senior Division), Loharu and be taken up as and when National Lok Adalat is held. Disposed of.

08.07.2022 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE

1. Whether speaking/reasoned :

Yes/No

2. Whether reportable :

Yes/No JYOTI SHARMA 2022.07.08 17:27 I attest to the accuracy and authenticity of this order/judgment