Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 785 (JK)

NEELAM GUPTA AND OTHERS v. VIJAY GANDHI

RFA/58/2025 · 2026-05-04

Moksha Khajuria Kazmi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU RFA No. 58/2025 Pronounced on : 04.05.2026 Uploaded on : 05.05.2026 Neelam Gupta & Ors. .....Applicant(s)/Petitioner(s) Through :- Mr. Vivek Sharma, Advocate v/s Vijay Gandhi .....Respondent(s) Through :- Mr. R S Jain, Sr. Advocate with Mr. Pranav Jain, Advocate Mr. Paramveer Singh, Advocate CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER (O R A L) CM No. 2729/2026 1. By this application, applicants/appellants are seeking disposal of the afore-titled appeal in terms of mutual settlement reached inter se the parties, so as to give quietus to the subject matter of the dispute pending before this Hon’ble Court. 2. By this appeal, appellants herein have called in question an ex-parte judgment/decree dated 20.08.2024, passed by the learned Principal District Judge, Jammu in Civil Suit titled “Vijay Gandhi Vs. Ritu Mahajan & Anr.” bearing File No. 83/Civil, whereby the suit filed by the respondent has been allowed. 3. In terms of order dated 08.12.2025, passed by this Court, Rs. 13,20,000/- out of Rs. 22,00,000/- i.e. 60% of the amount due to the Sr. No. 57 2 RFA No. 58/2025 respondent as a decretal amount had been kept in FDR for a period of six months. However, learned counsel appearing on behalf of the parties submit that the dispute has been settled between the parties for full and final settlement of all claims for a total amount of Rs. 16.00 lacs inclusive of the amount of Rs. 13,20,000/-, which is kept in FDR before the Registry of this Court. 4. In view of the mutual settlement, appellants have undertaken to deposit the remaining amount of Rs. 2,80,000/-, as agreed by both the parties, before the Registry of this Court within a period of three weeks, whereafter the dispute between the parties pending before this Court, in the Civil Courts as well as in the execution shall stand settled. 5. For the reason stated in the application, coupled with the submissions made at Bar and with the consent of learned counsel for the other side, the application is allowed and the appeal bearing RFA No. 58/2025 is disposed of in terms of the mutual settlement arrived at between the parties with the direction that the execution petition along with the interim application filed before the Civil Courts shall stand settled and the orders passed, if any, therein shall stand vacated. It is further directed that in terms of the vacation of the interim orders passed in the execution petition, the property of the appellants herein shall be de-sealed. 6. Registrar Judicial of this Court is also directed to release the amount of Rs. 16.00 lacs, after the amount of Rs. 2,80,000/- is 3 RFA No. 58/2025 deposited by the appellants before the Registry, in favour of the respondent along with accrued interest thereupon, after proper verification and modification. (Moksha Khajuria Kazmi) Judge JAMMU 04.05.2026 Manan Whether the order is speaking : Yes Whether the order is reportable : No