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Judgment
Kuldeep Tiwari, J
Both these writ petitions are amenable to being decided through by a common verdict as the said petitions are pending between the same parties.
CWP-5335-2021
The petitioner, son of respondent No.3, has challenged the order dated 09.12.2020 (Annexure P-7) passed by the Appellate Authority-cum-Sub Divisional Magistrate, Fatehgarh Sahib, vide which, the appeal filed by 2025.09.30 09:44 him was dismissed on account of delay, and a challenge has also been thrown to the order dated 11.10.2019 (Annexure P-4), passed by respondent No.2-Maintenance Tribunal-cum-Sub Divisional Magistrate, Fatehgarh Sahib, wherethrough, the petitioner is burdened to pay an amount of Rs.4,000/- per month as maintenance to his father.
CWP-10870-2022
The petitioners herein, have challenged the order dated 07.12.2020 (Annexure P-1), passed by the District Magistrate, Fatehgarh Sahib, whereby, the application filed by respondent No.2, under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, for their eviction has been allowed, and also the order dated 16.03.2022 (Annexure P-6), wherethrough, the execution application, filed by respondent No.2, was also allowed and the petitioners were ordered to be evicted from the house in question, within a period of one month.
During the pendency of the matter, with the intervention of this Court, the same has now been amicably settled between the parties concerned. Both the parties have placed on record a compromise deed along with a site plan, which is taken on record as “Mark-A”.
In view of the above, both these writ petitions stand disposed of with the hereinafter directions:
(i) The impugned orders i.e. dated 09.12.2020 (Annexure P-7); 11.102019 (Annexure P-4), in CWP No.5335 of 2021; order dated 07.12.2020 (Annexure P-1) and 16.03.2022 (Annexure P-6), in CWP No. 10870 of 2022, are hereby set aside;
(ii) Both the parties are directed to abide by the terms and conditions of the compromise “Mark-A”.
(iii) In case of any violation of the terms and conditions of the compromise “Mark-A”, the parties would be at liberty to move apt motion before this Court for revival of the instant petition.
In order to execute the terms and conditions of the compromise, it is expected that both the parties shall extend all possible help to each other and will not create any hindrance in making construction to give effect to the partition of the house in question.
A photocopy of this order be placed on the file of connected case.