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2020 DIGILAW 1052 (PNJ)

Krishna Devi v. Dharambir Kalyan @ Suresh Kumar

2020-03-18

DAYA CHAUDHARY, MEENAKSHI I.MEHTA

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JUDGMENT : DAYA CHAUDHARY, J. CM No. 6121-CII of 2020 1. This application has been moved for preponing of the main appeal i.e. FAO No. 3950 of 2017, which is fixed for hearing on 28.03.2020. 2. Notice in the application. 3. Notice on behalf of respondent has been accepted by Mr. Nonish Kumar, Advocate. 4. Having no objection from the other side, the application is allowed and the main appeal i.e. FAO No. 3950 of 2017 is preponed for today i.e. 18.03.2020. CM No. 6122-CII of 2020 and FAO No. 3950 of 2017 5. This application has been moved for withdrawal of main appeal i.e. FAO No. 3950 of 2017. 6. Notice in the application. 7. Notice on behalf of respondent has been accepted by Mr. Nonish Kumar, Advocate. 8. Learned counsel for the appellant submits that a compromise has been arrived at between the parties and copy of compromise is also annexed as Annexure A-1 with the application. There are certain terms and conditions of the compromise. Learned counsel further submits that in view of compromise arrived at between the parties, appellant wants to withdraw main appeal i.e. FAO No. 3950 of 2017. 9. The factum of compromise has been affirmed by learned counsel for the respondent. 10. Learned counsel for the respondent also submits that he has no objection in case, the appeal is withdrawn and judgment and decree dated 30.03.2017 passed by the District Judge (Family Court), Karnal is affirmed. 11. Both the parties are present in the Court and they have been identified by their respective counsel. Two demand drafts bearing Nos. 145643 and 145644 dated 17.03.2020 amounting to Rs. 22,00,000/- in total have been handed over to the appellant and the same have duly been accepted by her. They have also placed on record photocopies of demand drafts as well as their identification proofs. 12. In view of submissions made by learned counsel for the parties and the fact that a compromise has been arrived at between the parties, main appeal i.e. FAO No. 3950 of 2017 is dismissed as withdrawn and judgment and decree dated 30.03.2017 is affirmed.