Sr. No. 38 vs Rajinder Kumar
2025 Latest Caselaw 1574 J&K

Jammu & Kashmir High Court

Sr. No. 38 vs Rajinder Kumar on 29 May, 2025

Author: Rajnesh Oswal

Bench: Rajnesh Oswal

                                                                    Sr. No. 38
                                                                                 2022:JKLHC-JMU:7098-DB
         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU
CJ Court
Case: LPAC No. 24/2006


Mohini Devi and ors.                                  ...Petitioner(s)/Appellant(s)

                    Through: Mr. Aditya Gupta, Advocate.

                                    V/s

Rajinder Kumar.                                                 .... Respondent(s)

                       Through:    Mr. Anirudh Sharma, Advocate.


CORAM:       HON'BLE THE CHIEF JUSTICE
             HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.

                                  ORDER

29.05.2025

(ORAL)

01. A suit filed by the respondent - Prem Lata (deceased plaintiff), for

partition, was decreed by the Trial Court vide judgment and decree dated July 31,

1996. It is not in dispute that the appeal preferred against the said decree failed

and was dismissed on December 01, 2006. This is how the defendants are before

this court in regular second appeal.

02. At the outset, learned counsel for the parties informed the Court that during

the pendency of the appeal, the dispute between the parties has since been

resolved. And, a compromise/settlement deed dated October 05, 2024, has been

reduced into writing in this regard. Accordingly, it is submitted that present

appeal be disposed of in terms of the said compromise/settlement that was

brought on record vide CM No. 6103/2024.

03. Further, what is challenged before this Court is only a preliminary decree,

and, therefore, learned counsel for the parties submit that let even the Suit No.

--2--

2022:JKLHC-JMU:7098-DB 97/1988 that is pending before the learned District Judge Udhampur, be also

disposed of in terms of the compromise/settlement dated October 05, 2024.

04. Ordered accordingly.

05. At this stage, learned counsel for the appellants with reference to order

dated December 29, 2007 submits that a Coordinate Bench, while granting the

interim order in the present appeal, had required the appellant to deposit ₹ 3.00

lac. The said order was complied with. And, pursuant to the order passed by this

Court, the said amount was kept in the Fixed Deposit Receipt (FDR). He submits

now that the parties have resolved their differences and the appeal is being

disposed of, Office be directed to refund the said amount with the interest. In

response, learned counsel for the respondent pleads no objection in case the said

amount is released to the appellants.

06. Accordingly, Registrar (Judicial) of this Court is requested to carry out

necessary formalities to refund the amount, as indicated above, in favour of the

claimants after due identification and verification.

07. Disposed of.

                                 (RAJNESH OSWAL)              (ARUN PALLI)
                                           JUDGE              CHIEF JUSTICE
Jammu
29.05.2025
Sunita/PS