HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: LPAC No. 24/2006 Mohini Devi and ors. …Petitioner(s)/Appellant(s) Through: Mr. Aditya Gupta, Advocate. V/s Rajinder Kumar. …. Respondent(s) Through: Mr. Anirudh Sharma, Advocate. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER 29.05.2025 (ORAL) 01. A suit filed by the respondent – Prem Lata (deceased plaintiff), for partition, was decreed by the Trial Court vide judgment and decree dated July 31, 1996. It is not in dispute that the appeal preferred against the said decree failed and was dismissed on December 01, 2006. This is how the defendants are before this court in regular second appeal. 02. At the outset, learned counsel for the parties informed the Court that during the pendency of the appeal, the dispute between the parties has since been resolved. And, a compromise/settlement deed dated October 05, 2024, has been reduced into writing in this regard. Accordingly, it is submitted that present appeal be disposed of in terms of the said compromise/settlement that was brought on record vide CM No. 6103/2024. 03. Further, what is challenged before this Court is only a preliminary decree, and, therefore, learned counsel for the parties submit that let even the Suit No. Sr. No. 38 --2— 97/1988 that is pending before the learned District Judge Udhampur, be also disposed of in terms of the compromise/settlement dated October 05, 2024. 04. Ordered accordingly. 05. At this stage, learned counsel for the appellants with reference to order dated December 29, 2007 submits that a Coordinate Bench, while granting the interim order in the present appeal, had required the appellant to deposit ₹ 3.00 lac. The said order was complied with. And, pursuant to the order passed by this Court, the said amount was kept in the Fixed Deposit Receipt (FDR). He submits now that the parties have resolved their differences and the appeal is being disposed of, Office be directed to refund the said amount with the interest. In response, learned counsel for the respondent pleads no objection in case the said amount is released to the appellants. 06. Accordingly, Registrar (Judicial) of this Court is requested to carry out necessary formalities to refund the amount, as indicated above, in favour of the claimants after due identification and verification. 07. Disposed of. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Jammu 29.05.2025 Sunita/PS