Allowed

Jagdish Chand v. Priyanka Sharma

Himachal Pradesh HC20 Apr 2024RSA/316/2014

Case brief

AI extract

What is this about?

The Single Judge allowed a supplementary application for recording subsequent developments. Subsequently, the appeal was dismissed as withdrawn by the appellant after paying maintenance dues. The court ordered extinguishment of the charge on suit land and release of deposited maintenance amount to the respondent.

What did the court decide?

The appeal was dismissed as withdrawn. The charge on the specified suit land was extinguished. The deposited maintenance amount must be released to the respondent.

Jagdish Chand Vs Priyanka Sharma — Maintenance and Alimony | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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RSA No. 316 of 2014 Decided on: 20.04.2024

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________________________________________________ Jagdish Chand

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…..Appellant. Versus Priyanka Sharma ……Respondent.

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________________________________________________ Coram_

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The Hon'ble Mr. Justice Sushil Kukreja, Judge. 1 Whether approved for reporting?

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________________________________________________ For the appellant: Mr. Vijender Katoch, Advocate. For the respondent: Mr. Bhuvnesh Sharma, Sr. Advocate, with Mr. Parav Sharma, Advocate. Sushil Kukreja, Judge. (Oral)

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CMP No. 5167 of 2024

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By means of the instant application, the

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respondent is seeking permission of this Court to bring on record the subsequent developments.

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Heard. Allowed.

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The application is disposed of.

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RSA No. 316 of 2014

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The learned counsel for the appellant submitted

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that since the appellant has paid the entire maintenance

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amount to the respondent, as per the judgment and decree,

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passed by the learned Civil Judge (Civil Division), Nadaun,

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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District Hamirpur, H.P., dated 21.06.2013, in Civil Suit No. 66 of 2006, which was affirmed by the learned Additional District Judge, Hamirpur, H.P., Circuit Court, Nadaun, in judgment dated 29.03.2014, in Civil Appeal No. 112 of 2013/RBT22/2013, therefore, nothing survives to be adjudicated in the instant appeal. He also seeks permission of this Court to withdraw the present appeal, subject to the condition that the charge created over a part of the suit land, i.e., the land comprised in Khata No. 7, Khatauni No. 11, Khasra No. 142, 170, 174, 175, 184, 185, 186, 209, 210, 211, 212, 213, 214, 215, 218, 222, 223, 225, 226, 227, 230, 290, 291, 293, 366, 413, 415, 416 kita-28 area measuring 02-53-22 hectares to the extent of 5/16^th share measuring 0-79-13 hectares, to secure the payment of maintenance amount, vide judgment and decree dated 21.06.2013, passed by the learned Civil Judge (Senior Division), Nadaun, District Hamirpur, H.P., in Civil Suit No. 66 of 2006, be extinguished.

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The learned counsel for the respondent has no objection to the submissions made by the learned counsel for the appellant. Hence, in view of the submissions made by the learned counsel for the appellant, the appeal is dismissed as withdrawn and the charge created over a part

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of the suit land, as described hereinabove, is ordered to be

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extinguished. The maintenance amount lying deposited in the Registry of this Court is ordered to be released in favour

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of the respondent, after proper verification and the same be remitted to her bank account, details whereof shall be

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supplied by her to the Registry of this Court.

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( Sushil Kukreja ) Judge

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20^th April, 2024

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(virender)

Jagdish Chand v. Priyanka Sharma

Case brief

What is this about?

What did the court decide?

Jagdish Chand v. Priyanka Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

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