Unknown vs Smt. Bushra Raes
2021 Latest Caselaw 2747 UK

                     Office Notes, reports,
SL.                 orders or proceedings or
          Date                                                COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures


      02.08.2021
                                                AO No. 538 of 2019
                                                With
                                                AO No. 418 of 2019
                                                Hon'ble Sharad Kumar Sharma, J.

(Through Hybrid Mode) Mr. Mohd. Azim, Advocate, for the appellant.

Mr. Pankaj Miglani, Advocate, for the respondents.

The appellant to the Appeal from Order No. 538 of 2019, Ruhi Khan Vs. Smt. Bushra Raes and others, has preferred a Withdrawal Application being Withdrawal Application No. IA/16302/2021, wherein she wants to seek permission to withdraw the Appeal from Order, which has been preferred by the appellants under Section 384 of the Indian Succession Act, where a challenge has been given to the judgment dated 06.08.2019, which was rendered by the learned Court of Civil Judge (Senior Division), Haridwar in Miscellaneous Suit No. 42 of 2009, Rubi Khan Vs. General Public at Large and others, whereby consequent thereto, the appellant has been granted 1/6th share, in favour of respondent No. 1, in respect of the insurance policy of the deceased husband of the appellant.

In the withdrawal application, as it had been preferred by the appellant, she has made an oath appending therewith a copy of the compromise, that since the parties to the Appeal from Order have entered into a compromise, hence she wants to withdraw the Appeal from Order.

While, on the other hand, in the connected Appeal from Order No. 418 of 2019, Smt. Bushra Raes Vs. Ruhi Khan and others, the learned counsel for the appellant, though does not deny the fact of the parties having entered into a compromise, and does not oppose that the Appeal from Order, may be decided in terms of the compromise, but she has filed an application praying for that the said compromise may be made as part of the decree and the matter may be decided in terms of the compromise.

Considering the respective arguments extended by the learned counsel for the parties while accepting their respective applications, this Court disposes of these Appeals from Order and the Registry of this Court is directed to formulate a decree in terms of the compromise, which has been submitted along with the Withdrawal Applications, preferred by the appellants in AO Nos. 538/2019 and 418/2019 respectively.

As a consequence thereto, the compromise, would constitute to be the part of the decree, to be prepared by the Registry of this Court. Accordingly, impugned judgment would stand modified to the extent of terms of compromise.

Accordingly, the Appeals from order stand disposed of.

(Sharad Kumar Sharma, J.) 02.08.2021 Mahinder/