Smt. Geeta Devi vs Shri Satish Kumar
2021 Latest Caselaw 4184 HP

                                         1

        IN   THE   HIGH   COURT OF       HIMACHAL       PRADESH, SHIMLA




                                                              .
                     ON THE 26th DAY OF AUGUST, 2021





                                   BEFORE

                   HON'BLE MR. JUSTICE SANDEEP SHARMA





                 FIRST APPEAL FROM ORDER NO.237 OF 2017
      Between:

1. SMT. GEETA DEVI,





   W/O SH. BRIJ LAL,
2. POONAM,
   D/O SH. BRIJ LAL
3. HIMANSHU
   S/O SH. BRIJ LAL,

   BOTH MINOR THROUGH THEIR

   MOTHER SMT. GEETA DEVI.

      ALL RESIDENTS OF
      VILLAGE GAYANA,
      P.O. MANGOO,


       TEHSIL ARKI,
      DISTRICT SOLAN, H.P.
                                                            ....APPELLANTS




      (BY MR. ANIRUDH SHARMA





      ADVOCATE)

      AND





    1. SHRI SATISH KUMAR,
       S/O SHRI BRIJ MOHAN,
       R/O GAGAN LODGE, TALLAND,
       TEHSIL AND DISTTT. SHIMLA, H.P.
       (OWNER OF THE VEHICLE
       NO. HP-01-A-1102)

    2. BAJAJ ALLIANZ GENERAL
       INSURANCE COMPNAY LTD.
       SCO NO. 139-140,
       SECTOR 8-C, FIRST FLOOR
       CHANDIGARH (U.T)
       THROUGH ITS BRANCH MANAGER
                                                            ....RESPONDENTS




                                             ::: Downloaded on - 31/01/2022 22:57:44 :::CIS
                                            2

    (BY MR. ARVIND SHARMA, ADVOCATE,
    FOR R-1.)




                                                                   .
    (BY MR. AMAN SOOD, ADVOCATE, FOR





    R-2)


    Whether approved for reporting?.





    This appeal coming on for orders this day, the Court passed the following:

                                      JUDGMENT

CMP No. 9503 of 2021

By way of instant application, permission has been sought

by the applicants/appellants to withdraw the present appeal on the

basis of compromise arrived inter-se them as well as non-

applicants/respondents, gist thereof is reproduced in para-2 of the

application.

2. Learned counsel for the non-applicants/respondents while

fairly admitting factum with regard to compromise state that as per

settlement arrived inter-se parties, an amount of Rs. 4.00 lac shall be

given to the applicants. An amount of Rs.2.00 lac shall be given to

applicant No. 1 (wife), whereas remaining amount of Rs. 2.00 lac, shall

be shared by the applicants No 2 and 3 in equal shares. Since parties

have resolved their dispute amicably inter-se them, as has been taken

note herein above, there appears to be no reason to not to accede to the

prayer made in the instant application and accordingly, same is

allowed and applicants/appellants are permitted to withdraw the

appeal on account of compromise arrived inter-se them as detailed in

para-2 of the application. The application stands disposed of.

FAO No 237 of 2017

.

3. Mr. Anirudh Sharma, learned counsel for the appellant

fairly states that in view of the order passed by this Court in the

aforesaid CMP No.9503 of 2021, nothing remains to be adjudicated in

the instant appeal and as such, he be permitted to withdraw the same.

4. Consequently in view of the above, present appeal is

dismissed as withdrawn and respondents are directed to deposit sum

of Rs. 4.00 Lac in the registry of this Court within a period of four

weeks. Thereafter, appellants would be entitled to file appropriate

application for release of the award amount. Pending applications also

stand disposed of accordingly.

    26th August, 2021                             (Sandeep Sharma),
         (manjit)                                        Judge