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Judgment
Justice Rajiv Sharma, Judge
CMP No.13085/2011
An application under order 23 rule 3 of the CPC jointly filed by the parties for disposal of the writ petition in terms of the compromise deed entered into between the parties. The application is permitted to be taken on record. The Registry is directed to register the same and assign number to it.
It is jointly represented by the learned counsel for the parties that the matter has been settled amicably. Accordingly, the application is allowed.
CWP No. 479/2011
The present dispute is between the husband and wife. In order to give quietus to various cases pending between the parties, we had appointed Mr. Shrawan Dogra, Advocate as Mediator to resolve the matter amicably to restore the family peace. We are happy to record that with the sincere efforts made by Mr. Shrawan Dogra, the parties have amicably settled the matter and have entered into compromise. The compromise deed filed with the application is directed to be treated as integral part of the judgment. In compliance to compromise dated 7.12.2011, the respondent has paid a sum of Rs. one lakh to the petitioner in the Court. The amount is counted by the petitioner.
4 Consequently, the following matters, which have been compromised between the parties, are struck off from the register of the respective courts:
Sr. No.
No. of case
Title
The court where the case is pending.
1.
111-5/4/2010
Hira Singh vs. Lata Devi
Sessions Judge, Shimla.
1.
H.M.P.No. 28/2008
Hira Singh vs. Lata Devi Devi
Additional District Judge, Mandi Camp at Karsog.
1.
Execution No.24/4 of 2011
Lata Devi vs. Hira Singh
Judicial Magistrate 1st Class (6), Shimla
2.
R.B.T.No. 16/3/2010
Lata Devi vs. Hira Singh
Judicial Magistrate 1st Class (6), Shimla
5.
RBT No. 34/4/2010/2008
Lata Devi vs. Hira Singh
Judicial Magistrate 1st Class (6), Shimla
The parties have agreed to seek divorce with mutual consent and for that purpose joint application be filed before the learned District Judge, Shimla within a period of one week from today. Thereafter, the learned District Judge, Shimla shall pass appropriate orders in accordance with law.
The Court places on record its appreciation for the sincere efforts made by Mr. Shrawan Dogra. It is only due to relentless efforts made by Mr. Shrawan Dogra that the above stated cases, pending before the courts below, have been settled and the parties have agreed for divorce with mutual consent.
Accordingly, in view of above position, the present writ petition is disposed of with directions to the parties to punctually obey the conditions enumerated in the compromise deed. Pending application(s), if any, also stands disposed of. No costs.
The records of the courts below be sent back alongwith copy of this judgment forthwith. A copy of this judgment be sent to the respective courts to be placed on their file.