Dismissed
Malkiat Kaur v. Kuldeep Kaur
Punjab & Haryana HCRSA/4056/2011
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in/and #1# RSA No.4056 of 2011 (O&M) IN THE…
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in/and #1# RSA No.4056 of 2011 (O&M) IN THE…
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Manoj Kumar #1# 2013.09.27 10:11I attest to the accuracy and integrity of this document High Court Chandigarh
C.M.No.10108-C of 2013 in/and RSA No.4056 of 2011 (O&M)
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
C.M.No.10108-C of 2013 in/and RSA No.4056 of 2011 (O&M)
Date of Decision: 23.9.2013
Malkiat Kaur
.....Appellant(s)
Versus
Kuldeep Kaur
....Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. S.C. Chhabra, Advocate for the applicant-plaintiff/ appellant.
Ms. Gaganpreet Kaur, Advocate for the non-applicant/ defendant-respondent.
JASWANT SINGH, J (ORAL)
Plaintiff-Malkiat Kaur, who has failed in both the courts below is in second appeal against the judgment and decree dated 13.3.2010 passed by the learned Civil Judge (Jr. Division), Ferozepur whereby her suit for declaration claiming exclusive ownership of the suit property being the adoptive mother of deceased-owner Manjit Singh was dismissed by holding that the deceased Manjit Singh had validly executed a will dated 20.9.1988 bequeathing his inheritance in favour of her natural mother-defendant Kuldeep Kaur. Said findings were affirmed by the learned Addl. District Judge, Ferozepur vide judgment and decree dated 12.9.2011 while dismissing the appeal of the plaintiff-appellant.
Present appeal is now listed for hearing on 13.1.2014.
C.M.No.10108-C of 2013 in/and RSA No.4056 of 2011 (O&M)
#2#
In the meanwhile, present application bearing C.M.No.10108-C of 2013 has been moved by the appellant-plaintiff praying for unconditional withdrawal of the present appeal bearing RSA No.4056 of 2011 in view of a settlement arrived at between the two contesting parties.
At the time of hearing, learned counsel for the respondentdefendant, who is present in court, states that she has no objection if the date of hearing of the main appeal is allowed to be preponed and the main appeal is dismissed as withdrawn.
In view of the aforesaid agreed stand, date of hearing is preponed from 13.1.2014 to be taken up today. Application bearing C.M.No.10108-C of 2013 is allowed and the present appeal bearing RSA No.4056 of 2011 is ordered to be dismissed as withdrawn.
September 23, 2013 ( JASWANT SINGH ) manoj JUDGE
Malkiat Kaur
Kuldeep Kaur
Jaswant Singh
As recorded by the court registry
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