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Orissa High Court
Kumudini Bhainsal vs Soubhagya Bhainsal on 20 March, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
RSA No.326 of 2024 & I.A. No. of 2026
Kumudini Bhainsal ..... Appellant
Represented by Adv. -
Shambhu Charan Nath
Sharma
-versus-
Soubhagya Bhainsal ..... Respondent
Represented by Adv. -
Byomokesh Sahoo
CORAM:
MR. JUSTICE ANANDA CHANDRA BEHERA
ORDER
20.03.2026
Order No.
09. 1. This 2nd appeal was listed today for physical
appearance of the Appellant/wife and
Respondent/husband in the chamber for acceptance of
the Mediation Report dated 06.12.2025 in their
presence.
2. Today, the matter was placed in the Chamber, in
presence of the Appellant/wife, Respondent/husband
and their respective learned counsels.
3. The parties in this 2nd appeal, i.e., appellant and
respondent both filed a joint compromise petition under
Order-23 Rule-3 of the C.P.C., 1908 in the form of an
unnumbered I.A. on being signed by both the Parties
and identified by their respective learned counsels
praying for the final disposal of this 2nd appeal on the
basis of their said joint compromise petition.
4. In the joint compromise petition filed by the
Parties under Order-23 Rule-3 of the C.P.C. through the
unnumbered I.A., the Parties have prayed for acceptance
of the Mediation Report dated 06.12.2025 and to
dispose of the 2nd appeal on the basis of the such report
stating in their joint compromise petition that, as per the
Mediation report, Respondent/husband has already paid
Rs.16,00,000/-(Rupees sixteen lakhs) through two A/C
payee cheques to the Appellant/wife towards the
permanent alimony of the Appellant/wife and the
Appellant/wife has already received the same and she
(Appellant/wife) shall not made any claim in future
towards her maintenance from the Respondent/husband.
5. In addition to that, it was submitted by the parties
in persons that, a T.V.S. Star Sport C.V.T.I. motor cycle
bearing registration No.OR-16-D-2292 is under the
possession of the Appellant/wife, but, the registration
certificate thereof is in the name of the
Respondent/husband.
6. For which, as per the settlement made between
them(Parties), the Respondent/husband handed over the
registration certificate of the above T.V.S. Star Sport
C.V.T.I. motor cycle bearing registration No.OR-16-D-
2292 to the Appellant/wife and the Respondent/husband
undertook to transfer the ownership of the said motor
cycle in the name of Appellant/Wife within one month
hence positively without receiving any money from the
Appellant/wife for such transfer of ownership of the
motor cycle. The Respondent/husband shall make all
co-operations for the transfer of ownership of the above
motor cycle from his name to the name of
Appellant/wife.
7. Perused the joint unnumbered I.A. filed under
Order-23 Rule-3 of the C.P.C. filed by the Parties as
well as the Mediation report dated 06.12.2025 and
asked the Parties about the same as well as the payment
of Rs.16,00,000/-(Rupees sixteen lakhs) by the
Respondent/husband to the Appellant/wife and they
(Appellant and Respondent both) as well as their
respective learned counsels accepted to the contents of
the Mediation Report dated 06.12.2025 between the
Parties as well as the contents of the joint unnumbered
I.A. under Order-23, Rule-3 of the C.P.C. filed today by
them (Parties).
8. On perusal of the joint unnumbered I.A. filed by
the Parties as well as the report of the Mediation dated
06.12.2025, prepared by Mediator of the High Court
Mediation Centre with the signatures of the Parties and
on asking the Parties and their respective learned
counsels about the same, I am satisfied that, the report
of the Mediation dated 06.12.2025 as well as the joint
unnumbered I.A. under Order-23 Rule-3 of the C.P.C.
filed by them (Parties) are lawful and there is no
impediment under law to dispose of this 2nd appeal on
the basis of the report of the Mediation dated
06.12.2025 as well as the joint unnumbered I.A filed
today under Order-23, Rule-3 of the C.P.C. by them
(Parties).
9. Therefore, as per the statements of the Appellant
and Respondent as well as their respective learned
counsels, it is felt proper to dispose of this 2nd appeal
finally on the basis of the report of the Mediation dated
06.12.2025 and the joint unnumbered I.A. under Order
23 Rule 3 of the C.P.C. filed by them (Parties) forming
the report dated 06.12.2025 of the mediator as well as
the joint unnumbered I.A. under Order 23 Rule 3 of the
C.P.C. filed by the Parties, as the part of the decree in
this 2nd appeal.
10. As such, this 2nd appeal is decreed on the basis of
the report of the mediator as well as the joint
unnumbered I.A. under Order-23 Rule-3 of the C.P.C.
filed by the Parties and the said report dated 06.12.2025
as well as joint unnumbered I.A. under Order-23 Rule-3
of the C.P.C. shall do form part of the decree of this 2nd
appeal.
11. The unnumbered I.A. is disposed of making it
clear that, if the Respondent/husband shall not co-
operate for the transfer of ownership of the T.V.S. Star
Sport C.V.T.I. motor cycle bearing registration No.OR-
16-D-2292 from his name to the name of the
Appellant/wife before the R.T.O., Sundargarh, the
registering authority, i.e., R.T.O., Sundargarh shall
transfer the ownership of the said motor cycle to the
name of the Appellant/wife from the name of the
Respondent/husband on the basis of this order even in
absence of the Respondent/husband.
12. Registry is directed to communicate the copy of
this order to the R.T.O., Sundargarh.
13. As such, the unnumbered I.A. as well as this 2nd
appeal are disposed of finally.
14. Registry is also directed to number the disposed
of unnumbered I.A. only for the statistical purpose.
( ANANDA CHANDRA BEHERA)
Judge
Binayak
Location: High Court of Orissa, Cuttack
