Smt. Rekha Yadav vs. Arun Yadav
Held
The Court held that the miscellaneous petition had become infructuous. This finding was based on the submissions of both the petitioner and the respondent's counsel, who confirmed that a compromise had been reached between the parties during mediation proceedings. The Court accepted this submission and consequently found no further necessity to adjudicate on the merits of the petition. The ratio decidendi is that if parties to a dispute, including a writ petition, reach a compromise and the matter becomes infructuous, the court will dispose of the petition accordingly. The operative direction was to grant liberty to the petitioner to approach the court again if any grievance persisted concerning the order under challenge. No specific issue was left undecided, as the petition was disposed of on the ground of being infructuous.
Facts
This miscellaneous petition was filed by Smt. Rekha Yadav against Arun Yadav and Ankit Agrawal. The petitioner's counsel submitted that the parties have compromised the matter. The respondents' counsel confirmed that mediation proceedings were conducted on December 21, 2023, with both parties present in person. During these proceedings, a compromise was reached, rendering the petition infructuous. The Court noted that the petition had become infructuous due to the compromise. Liberty was granted to the petitioner to approach the Court again if any grievance remained regarding the order under challenge. The petition was disposed of with this liberty.
Key Issues
1. Whether the miscellaneous petition has become infructuous due to a compromise reached between the parties during mediation proceedings? Petitioner's Contention: The petitioner's counsel submitted that the parties have compromised the matter. Respondents' Contention: The respondents' counsel stated that mediation proceedings were conducted, and a compromise was reached, making the petition infructuous. The respondents did not rely on any specific provisions, circulars, or precedents.
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Cause title — parties, addresses and appearances
At the outset, learned counsel for the petitioner submits that parties have compromised the matter.
Learned counsel for the respondents submits that on the direction from 1 Signed by: PRINCEE BARAIYA Signing time: 22-12-2023 05:
The judgment continues below.
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