05 May 2016
Supreme Court
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.SHUSHMA MISHRA Vs HEM NATH MISHRA

Bench: KURIAN JOSEPH,ROHINTON FALI NARIMAN
Case number: C.A. No.-004857-004857 / 2016
Diary number: 8259 / 2016
Advocates: SHARMILA UPADHYAY Vs


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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4857 OF 2016

[@SPECIAL LEAVE PETITION (C) NO. 7716 OF 2016] SHUSHMA MISHRA                              Appellant(s)

                               VERSUS HEM NATH MISHRA                             Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.    2. The  parties  have  been  in  certain  material disputes.  The appellant has approached this court, aggrieved by the Judgment and Order dated 01.10.2015 passed by the High Court of Jharkhand at Ranchi in First Appeal No. 579 of 2014.    3. On a suggestion made by this Court, the parties made  an  attempt  for  settlement  of  their  disputes through Mediation.  It is heartening to note that the parties,  through  the  assistance  of  Ms.  Kiran Bhardwaj,  learned  Mediator,  have  arrived  at  an amicable settlement and a Settlement Agreement dated 19.04.2016 has been filed before this Court.   

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4. Therefore, this appeal is disposed of in terms of the Settlement Agreement.   

5. We  direct  the  respondent  to  pay  a  sum  of Rs.5,00,000/- (Rupees Five Lakhs) to the appellant by way of a Demand Draft within two days from today. The remaining amount of Rs. 2,00,000/- (Rupees Two Lakhs)  will  be  paid  by  the  respondent  to  the appellant within another six weeks.  Such payments are in full and final settlement of all the claims between  the parties  and there  shall be  no further claims.      6. In terms of the settlement, Money Suit No. 06 of 2012 filed by the respondent against the appellant pending before the Court of Senior Division, Hazari Bagh, Jharkhand, shall stand dismissed as withdrawn. Similarly, Writ Petition (C) No. 2402 of 2013 filed by  the  respondent  against  the  appellant,  pending before the High Court of Jharkhand at Ranchi, shall also  stand  dismissed  as  withdrawn.   The  Registry shall communicate a copy of this Judgment to both the Courts forthwith.   

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7. In view of the settlement above, the civil appeal is disposed of with no order as to costs.        

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ ROHINTON FALI NARIMAN ]  New Delhi; May 05, 2016.