The High Court released deposited amounts upon consent of parties following a compromise, and dismissed the appeal consequentially.
Release of Rs. 80,705/- and Rs. 10,000/- plus interest in favour of legal representatives of the deceased.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RSA 236/2014
SHRI MERGHUB UR REHMAN ..... Appellant Through: Mr. S. D. Ansari and Mr. I. Ahmed, Advocates with Mohd. Saleem and Mohd. Naseem in person.
Versus
MST ANISA KHATOON AND ANR ..... Respondents Through: Mr. Z. A. Hashmi, Advocate with Respondent No.1-Mst. Anisa Khatoon in person.
CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI O R D E R
% 10.04.2018 CM APPL. 13764/2018 ( for exemption)
Exemption allowed, subject to all just exceptions.
The application stands disposed off.
CM APPL. 13763/2018 (by appellant for release of amount)
Issue notice.
Mr. Z.A. Hashmi, the learned counsel accepts notice for the respondents.
With the consent of the parties, the application is taken up for disposal.
This application seeks release of an amount of Rs. 80,705/- and Rs.10,000/- deposited by the appellant on the directions of the Court on different dates along with interest accrued thereon and disposal of the appeal.
The lis has been compromised between the parties by way of a Compromise Deed dated 12.03.2018 before the Delhi Mediation Centre, Karkardooma Courts, Delhi. The said Compromise Deed is on record. The learned counsel for the respondents states upon instructions of respondent No.1- Mst. Anisa Khatoon, who is present in the Court, that the respondents have no objection if the said money is released and the case is disposed off in view of the fact that paras 6 and 7 of the Compromise Deed clearly record that the said monies will be released in favour of all the LRs of the deceased, namely Smt. Firdaus, Sh. Salim, Sh. Naseem, Sh. Waseem and Mohd. Matin.
In view of the above, let the amount of Rs. 80,705/- and Rs.10,000/alongwith interest accrued thereon be released in equal proportion in favour of aforesaid LRs of the deceased, namely Smt. Firdaus, Sh. Salim, Sh. Naseem, Sh. Waseem and Mohd. Matin.
The application stands disposed off accordingly.
RSA 236/2014
Since the lis has been duly compromised through the Settlement Deed aforementioned, the appeal is also disposed off accordingly.
NAJMI WAZIRI, J.
APRIL 10, 2018 sb
SHRI MERGHUB UR REHMAN
MST ANISA KHATOON
NAJMI WAZIRI
As recorded by the court registry
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