Smt. Rekha Yadav vs. Arun Yadav

MP/7493/2023HC Madhya PradeshGST22 December 2023Bench: HON'BLE SHRI JUSTICE ROHIT ARYA2 pages
For Petitioner: Suresh AgrawalFor Respondent: SHRI YASH SHARMA- ADVOCATE
AI SummaryWithdrawn

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.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH ON THE 22nd OF DECEMBER, 2023 MISCELLANEOUS PETITION No. 7493 of 2023 BETWEEN:- SMT. REKHA YADAV W/O SHRI ARUN YADAV, AGED ABOUT 32 YEARS, OCCUPATION: HOUSEWIFE R/O PILI KOTHI NEAR POLICE STATION THATIPUR DISTRICT GWALIOR (MADHYA PRADESH) .....PETITIONER (BY SHRI SOORAJ BHAN LODHI- ADVOCATE) AND 1. ARUN YADAV S/O SHRI ATILBAL SINGH YADAV, AGED ABOUT 33 YEARS, OCCUPATION: DOCTOR AND BUSINESS R/O BUNGLOW NO. 03, ACHLESHWAR TEMPLE, ROSHNI GHAR ROAD, GWALIOR PRESENTLY 615, GARDEN PALACE IN FRONT OF GST BUILDING SIROL ROAD, GWALIOR (MADHYA PRADESH) 2. ANKIT AGRAWAL S/O SHRI MUKESH AGRAWAL, AGED ABOUT 35 YEARS, OCCUPATION: PRIVATE JOB R/O BINDAL UNIFORM INFRONT OF OLD HIGH COURT LASHKAR, GWALIOR (MADHYA PRADESH) .....RESPONDENTS (BY SHRI YASH SHARMA- ADVOCATE) This petition coming on for hearing this day, the court passed the following:

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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