Sanjeev Kumar v. Bandana Rani

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CM No. 925-CII of 2015 and FAO No. M-251 of 2014 Decided on : 19.01.2015 Sanjeev Kumar . . . Appellant

Versus

Bandana Rani . . . Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MRS. JUSTICE SNEH PRASHAR PRESENT: Mr. Aakash Singla, Advocate for the applicant-appellant.

Mr. Deepak Aggarwal, Advocate for the non-applicant/respondent.

**** AJAY KUMAR MITTAL, J. (Oral) CM No. 925-CII of 2015 This is an application under Section 151 of the Code of Civil Procedure for placing on record a copy of the compromise-deed dated 15th December, 2014, appended as 'Annexure A-1' along with the application. It has been submitted in the application that the dispute has been amicably settled by way of compromise, whereupon, a compromisedeed dated 15th December, 2014, has been reduced in writing. It was not disputed by the learned counsel for the parties that in terms of the compromise-deed dated 15th December, 2014, the parties have already filed the petition under Section 13-B of the Hindu Marriage Act, 1955 (for brevity 'the Act') and the statements at first motion have been recorded. However, for recording the second motion statements it is pending before the trial Court for 06th July, 2015.

In view of the above, a copy of the compromise-deed dated 15th JAWALA RAM 2015.01.22 11:07 I attest to the accuracy and authenticity of this document Chandigarh

CM No. 925-CII of 2015 and - 2 - FAO No. M-251 of 2014 December, 2014 (Annexure A-1), filed along with the application is taken on record, subject to all just exceptions.

CM stands disposed of accordingly FAO NO. M-251 of 2014 Learned counsel for the parties state that in view of the compromise-deed dated 15th December, 2014, arrived at between the parties, a petition under Section 13-B of the Act, has been filed before the trial Court and the statements at first motion have been recorded. However, for recording the second motion statements it is pending before the trial Court for 06th July, 2015.

2.

In view of the above, learned counsel for the appellant states that he may be allowed to withdraw the present appeal with liberty to the appellant to file an application for revival of the appeal, in case, the respondent resiles from making the statement at second motion before the trial Court.

3.

Accordingly, the present appeal is dismissed as withdrawn. It shall, however, be open to the appellant to file an application for revival of the appeal, in case, the respondent-wife resiles from making the statement at the second motion in the petition under Section 13-B of the Act, filed before the trial Court.

(AJAY KUMAR MITTAL) JUDGE (SNEH PRASHAR) January 19, 2015 JUDGE J.Ram JAWALA RAM 2015.01.22 11:07 I attest to the accuracy and authenticity of this document Chandigarh