Rajasthan High Court - Jaipur
Smt Rashmi Saxena vs Suresh Prakash Saxena on 6 December, 2017
Author: K.S. Jhaveri
Bench: K.S. Jhaveri
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
D.B. Special Appeal Writ No. 290 / 2017
Smt. Rashmi Saxena W/o Shri Naveen Saxena, D/o Shri Radhey
Shyam Srivastava, Aged About 36 Years, BB-39, Jai Ambey Nagar,
Tonk Road, Jaipur
----Appellant
Versus
Suresh Prakash Saxena S/o Shri Panna Lal Saxena, Aged About 65
Years, BB-39, Jai Ambey Nagar, Tonk Road, Jaipur
----Respondent
Connected With D.B. Civil Miscellaneous Appeal No. 3606 / 2013 Dr. Rashmi Saxena W/o Sh. Naveen Saxena D/o Sh. Radheyshyam Shrivastav, by caste Kayasth, aged about 32 years, R/o BB-39B, Jai Ambey Nagar, Tonk Road, Jaipur, Raj.
----Appellant Versus Dr. Naveen Saxena S/o Sh. Suresh Prakash Saxena, by caste Kayasth R/o BB-39B, Jai Ambey Nagar, Tonk Road, Jaipur, Raj.
----Respondent _____________________________________________________ For Appellant(s) : Mr. R.K. Daga, Dr. Mahesh Sharma For Respondent(s) : Mr. Anoop Pareek _____________________________________________________ HON'BLE MR. JUSTICE K.S. JHAVERI HON'BLE MR. JUSTICE VIJAY KUMAR VYAS Order 06/12/2017
1. In both these appeals common question of law and facts are involved hence they are decided by this common order.
2. We have heard counsel for the parties.
(2 of 2) [ SAW-290/2017]
3. This court by earlier order dt. 5.12.2017 directed the appellant Smt. Rashmi Saxena to file undertaking for vacating the premises within 15 days from today. The same order of filing undertaking will be complied with. 3.1 After compliance, as agreed by both the parties, out of the amount of Rs.30 lacs, Rs.4 lacs has already been paid for remaining amount Rs. 26 lacs, Demand Draft will be drawn in favour of the appellant and will be paid on her vacating the premises.
4. In view of the compromise arrived at between the parties, both the appeals stand disposed of. Liberty is granted to revive the matters in case of non payment and non vacating the premises.
(VIJAY KUMAR VYAS) J. (K.S. JHAVERI)J. Brijesh 79-80.