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High Court of Punjab and HaryanaCWP/24025/2025disposed of

Neelam v. State Of Punjab And ORS

2025-11-27Mr. Justice Kuldeep Tiwari2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-24025-2025 Date of Decision : November 27, 2025 NEELAM -PETITIONER V/S STATE OF PUNJAB AND ORS.

-RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Bhavesh Aggarwal, Advocate for the petitioner.

Mr. Sahil R. Bakshi, A.A.G., Punjab.

Mr. Vipin Mahajan, Sr. Advocate, with Mr. Randeep Singh, Advocate for the respondent No.3.

*** KULDEEP TIWARI, J. (ORAL) 1.

The instant writ petition, filed under Articles 226/227 of the Constitution of India, challenges the order dated 18.02.2025 (Annexure P6), whereby the Appellate Tribunal, Gurdaspur, in execution proceedings, directed cancellation of the transfer deed dated 02.02.2015 executed in favour of the petitioner by her father-respondent No.3. 2.

At the preliminary hearing, learned counsel for the petitioner contended that the Appellate Tribunal lacked jurisdiction in execution proceedings to pass the impugned order, its role being limited to enforcement of the order under execution, thereby rendering the impugned order a nullity. He nevertheless fairly stated that the petitioner is willing to provide adequate maintenance to her father-respondent No.3. To ascertain the petitioner's bona fide, this Court directed her to deposit a demand draft for ₹ 10,000/-, drawn in favour of the respondent No.3, DEVINDER YADAV 2025.11.28 10:00 I attest to the accuracy and authenticity of this order/judgment

CWP-24025-2025 before the Appellate Tribunal.

3.

Today, learned counsel for the petitioner submits that the petitioner is ready to pay a monthly maintenance amount of ₹ 1,200/- to her father-respondent No.3 and further undertakes to clear arrears amounting to ₹ 36,000/- within a period of three months from today. The proposal made by the petitioner's counsel has been accepted by learned senior counsel for the respondent No.3, on instructions from the respondent No.3.

4.

In view of the consensus arrived at between the parties, the impugned order is hereby set aside and the instant writ petition is disposed of with the following directions:

(i) The petitioner shall, commencing today, deposit a sum of ₹ 1,200/- every month as maintenance in the bank account of the respondent No.3, on or before the 10th day of each month;

(ii) The petitioner shall, as undertaken, pay the arrears of ₹ 36,000/- within a period of three months from today; (iii) In the event the petitioner fails to comply with the undertakings (supra), the respondent No.3 shall be at liberty to move an appropriate application seeking revival of the present writ petition.

5.

Disposed of accordingly.

(KULDEEP TIWARI) November 27, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2025.11.28 10:00 I attest to the accuracy and authenticity of this order/judgment