Ashok Kumar Sharma v. Veenu

2023:PHHC:145200

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RSA-2866-2015 (O&M) Date of Decision: November 15, 2023 ASHOK KUMAR SHARMA ........ Appellant

Versus

VEENA ........ Respondent CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Ms. Kiran Bala Jain, Advocate for the appellant. None for respondent.

**** HARKESH MANUJA, J. (ORAL) By way of present appeal, challenge has been laid to the judgments and decrees dated 26.11.2013 and 19.03.2015 passed by the Courts below whereby, a suit for declaration filed at the instance of respondent-plaintiff claiming herself to be joint owner of property in dispute stands decreed.

2.

During pendency of present appeal, the matter was referred to Mediation and Conciliation Centre of this Court vide order dated 19.07.2023 and in pursuance thereof, a settlement report of even date has been received as per which the parties have entered into a settlement and the respondent-plaintiff is stated to have no objection in case the entire suit property is transferred in the name of her brother i.e. the appellant-defendant. As a gesture of respect towards his sister the appellant has transferred a total sum of Rs.5,50,000/- in favour of respondent-plaintiff. The details of transfer regarding Rs.3,20,000/- has TEJWINDER SINGH 2023.11.18 15:41 I attest to the accuracy and integrity of this document

RSA-2866-2015 (O&M) 2023:PHHC:145200 -2already been provided in the settlement deed dated 19.07.2023 whereas, against payment of Rs.2,30,000/- which was made to respondent-plaintiff on 06.11.2023 a photocopy of draft has been produced on record which is taken on record as Mark 'X' and has even been counter-signed by learned counsel representing the appellantdefendant and the respondent-plaintiff herself who is present in Court and has been duly identified by Ms. Kiran Bala Jain, Advocate, appearing on behalf of the appellant, being personally known to her as well.

3.

The respondent-plaintiff submits that in view of settlement deed dated 19.07.2023, she has no objection in case the entire suit property is transferred in name of her brother as she does not intend to pursue her Civil Suit bearing No.533-CS/RBT/2007/2012 filed by her at Ambala and prays for its withdrawal.

4.

In view of the aforesaid, the present appeal is being disposed of in terms of the settlement deed dated 17.07.2023 as arrived at before Mediation and Conciliation Centre of this Court and the civil suit filed by the respondent-plaintiff also stands withdrawn. 5.

Disposed of in the aforesaid terms.

6.

Pending application(s), if any, shall also stand disposed of. 15.11.2023 (HARKESH MANUJA) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2023.11.18 15:41 I attest to the accuracy and integrity of this document