AO/25/2023
2023 Latest Caselaw 1141 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                   AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                           AND
                         HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                    APPEAL FROM ORDER NO. 25 OF 2023
                                  26TH APRIL, 2023
BETWEEN:
Ranjan Kumar                                                         .....Appellant.
And

Shalini Sharma                                                       ....Respondent.

Counsel for the Appellant : Mr. Neeraj Garg, learned counsel.

Counsel for the Respondent : Mr. Sagar Kothari, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

In terms of our last order, the appellant and the

respondent are present today through virtual mode before us.

We have interacted with them.

2. From our interaction, it appears to us that the

respondent is not willing to move to any other

accommodation. She states that she and her daughter are

comfortable in the ground floor in the said property, and the

daughter has the facility to play in the lawn on ground floor.

She submits that, from the beginning, the respondent is

objecting to the transaction in respect of the property-in-

question with a third party. Despite her objection, the

appellant has gone ahead with the transaction with a third

party. She further states that the property-in-question

consists of two apartments, and she is willing to restrict

herself to one apartment, which is a two bedroom

accommodation.

3. On the other hand, the appellant states that he is

willing to buy any identified one bed room apartment in the

name of the respondent and the minor daughter, where they

can live. This is not acceptable to the respondent.

4. Aforesaid being the position, no further orders are

called for in this appeal.

5. We are not inclined to interfere with the impugned

order dated 24.12.2022, passed by learned Judge, Family

Court, Dehradun in O.S. No.974 of 2022.

6. The appeal is accordingly dismissed.

7. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 26th April, 2023 NISHANT