Debajit Chakraborty vs Dola @ Sumita Chakraborty
2023 Latest Caselaw 473 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              F.A. No. 220 of 2017

            Debajit Chakraborty                          ... Appellant/Plaintiff
                                         Versus
          Dola @ Sumita Chakraborty w/o Debajit Chakraborty, D/o Sasanka
         Kumar Mukherjee aged about 43 years, R/o MADA Colony, Near Pump
         House, Hirapur, P.O., P.S. & District-Dhanbad
                                                   .......Respondent/Defendant.
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE SUBHASH CHAND

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For the Appellant : Mr. Chanchal Jain, Advocate For the Respondent : Mr. Awinash Kumar, Advocate

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23/Dated: 27th January, 2023

1. This appeal is against the order/judgment dated 26th April, 2017 passed

in Title Matrimonial Suit No.125 of 2011 by the learned Additional

Principle Judge, Additional Family Court, Dhanbad, whereby and

whereunder the suit has been dismissed.

2. It appears from order dated 30th August, 2022, this Court after having

heard the learned counsel for the parties has got an impression that,

since, there was chance for conciliation between the parties and, as such,

the learned counsel were directed to seek consent of their respective

clients to participate in conciliation and mediation exercise once again. In

view thereof, the parties had appeared before the Mediator at Jharkhand

State Legal Services Authority on the date fixed i.e., 17th September,

2022.

The conciliation took place and the parties finally had arrived at an

agreement as would appear from the result of mediation in between the

parties as was held on 17th September, 2022, 24th September, 2022, 12th

October, 2022 and finally on 5th November, 2022. The aforesaid report

dated 9th November, 2022 has been appended with the joint settlement

arrived at in between the parties duly been signed together on 5th [2]

November, 2022 wherein the parties have agreed for settlement by

coming to an agreement referring therein nine conditions.

3. Learned counsel for the appellant, therefore, has submitted that in view

of the aforesaid agreement having been arrived at as per the mediation

report 9th November, 2022 he does not intend to press this appeal.

However, it has been submitted by him that since the parties have

reached to an settlement pertaining to withdrawal of cases filed on behalf

of the parties in different courts will be withdrawn after taking due

process of law.

4. Therefore, submission has been made that the instant appeal may be

disposed of with liberty to the parties to make appropriate application

before the concerned court for passing appropriate order in pursuance to

the condition as stipulated and arrived at as under condition no.9 of the

settlement appended to the report dated 9th November, 2022.

5. Learned counsel for the parties is at liberty to do that in view of the

agreement having been arrived at.

6. The party will also at liberty to bring on record the mediation report

dated 9th November, 2022 as which is the part of the record.

7. Accordingly, the instant appeal is dismissed as withdrawn with the liberty

as aforesaid.

8. Pending interlocutory application(s), if any, also stands disposed of.

(Sujit Narayan Prasad, J.)

(Subhash Chand, J.) Rohit Pandey/-