Jagat And Another v. Amit Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 1.

FAO-656-2023 (O&M) Date of Decision : 03.03.2025 Jagat & Anr ... Appellant(s)

Versus

Amit Kumar ... Respondent(s) 2.

FAO-680-2023 (O&M) Jagat & Anr ... Appellant(s)

Versus

Amit Kumar ... Respondent(s) CORAM :

HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. B.S. Tewatia, Advocate for the appellants (through hybrid mode) in both the appeals.

Mr. Tanmoy Gupta, Advocate for the respondent (in both the appeals).

ALKA SARIN, J. (Oral) CM-1534-CII-2025 IN FAO-656-2023 CM-1767-CII-2025 IN FAO-680-2023 1.

Prayer in the applications is for preponing the date of hearing of the main appeals.

2.

Learned counsel for the non-applicant/respondent states that he has no objection if the present applications are allowed. 3.

In view of the above and for the reasons stated in the applications, the same are allowed. With the consent of the learned counsel for the parties, the main appeals are taken on Board today itself. Yogesh Sharma 2025.03.04 10:21 I attest to the accuracy and authenticity of this order/judgment.

High Court Chandigarh

FAO-656-2023 (O&M) -2FAO-656-2023 & FAO-680-2023 4.

The present order shall dispose off the two above-noted appeals filed by the appellants (owner and driver of the offending vehicle) challenging the impugned award dated 31.08.2022 passed by the Motor Accident Claims Tribunal, Palwal (hereinafter referred to as 'Tribunal'). 5.

Both the appeals were heard at a considerable length in the pre-lunch session and the matter was kept for the post-lunch session. The Special Secretary (Reader Line) of this Court, thereafter, checked the E-Court Official Website of the District Courts, Palwal to check the status before the Executing Court as the learned counsel for the appellants stated that the matter was fixed for auction of his property, which is to be conducted on 05.03.2025. A perusal of the order downloaded from the E-Court Official Website of the District Courts, Palwal reveals that on 27.02.2025, an application was filed by the decree-holder, namely, Amit Kumar (respondent herein) and the judgment debtors, namely, Sanjay Kumar and Jagat Singh appeared in person. Further, on a joint statement that the matter had been compromised between the parties, the execution petition was dismissed as fully satisfied. It was also recorded in the order that the appellants herein would withdraw both the FAO Nos.656 and 680 of 2023 (wrongly referred to as RSA in the order).

6.

Faced with the same, the learned counsel for the appellants seeks permission to withdraw the present appeals. Permitted to do so. 7.

Dismissed as withdrawn. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking 03.03.2025 Yogesh Sharma Whether reportable: YES/NO Yogesh Sharma 2025.03.04 10:21 I attest to the accuracy and authenticity of this order/judgment.

High Court Chandigarh