Allowed

Harpreet Kaur and Anr. v. Gurjant Singh

Punjab & Haryana HC23 Jan 2012RSA/2561/2010

Case brief

AI extract

What is this about?

The Court allowed condonation of delay for the second appeal. Subsequently, the principal matter was disposed of on the basis of a mediation report dated 14.12.2011 which settled maintenance, property share, and restraining parties from future litigation, leading to the setting aside of lower court orders.

What did the court decide?

Condonation of delay allowed; main case disposed of per mediation report; lower court orders set aside.

Harpreet Kaur and Anr. Vs Gurjant Singh — Maintenance and Alimony | Punjab & Haryana HC (2012)

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R.S.A No.2561 of 2010 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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R.S.A. No. 2561 of 2010 (O&M) Date of Decision: 23.01.2012

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Harpreet Kaur and another

...... Appellants

Versus

Gurjant Singh

...... Respondent

CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA

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Present: Mr. Amit Aggarwal, Advocate for the appellants.

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Mr. Kuldip S. Chaudhary, Advocate for the respondents.

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TEJINDER SINGH DHINDSA. J.(ORAL)

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C.M. No.7704-C of 2010

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This is an application for seeking condonation of delay of 316 days in filing the second appeal.

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Learned counsel for the respondents has no objection as regard the condonation of delay.

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For the reasons stated in the application, the delay is

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condoned.

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Application is allowed.

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Main Case

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Both the counsel for the respective parties are agreed that the matter has been amicably resolved through mediation. Report dated 14.12.2011 submitted by Mr. Kapil Kakkar, Mediator reflecting

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R.S.A No.2561 of 2010 (O&M)

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the dispute having been resolved is placed on record.

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In view of the report dated 14.12.2011, the respondent is liable to pay a sum of Rs.2,000/- per month to the minor child Jobanpreet which shall be deposited in the bank account of the appellant on or before the 10^th day of every calendar day of the month. The parties are also agreed that in case of failure to do the same, the respondent will be liable to pay double amount. As regard the land in the name of the minor child, it has been agreed between the parties as and when cause of action will accrue the due share in the name of grand-daughter will be given as per law of succession. The parties have further agreed to maintain cordial relations, not to file any case against each other and appellants will also move an application to withdraw the case pending in the trial Court at Bathinda.

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The instant second appeal accordingly is disposed of in terms of the report dated 14.12.2011 passed by the Mediator. Consequently, the orders of the trial Court as well as Appellate Court are set aside and the dispute between the parties is ordered to be settled in terms of the report dated 14.12.2011 passed by Mr. Kapil Kakkar, Mediator.

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Second appeal, accordingly, disposed of.

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(TEJINDER SINGH DHINDSA) JUDGE

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January 23, 2012 sarita

Harpreet Kaur and Anr. v. Gurjant Singh

Case brief

What is this about?

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Harpreet Kaur and Anr. v. Gurjant Singh

Case brief

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