SHUSHMA MISHRA Vs. HEM NATH MISHRA

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 4857 of 2016, Judgment Date: May 05, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 4857 OF 2016
               [@SPECIAL LEAVE PETITION (C) NO. 7716 OF 2016]

SHUSHMA MISHRA                                                  Appellant(s)

                                    VERSUS

HEM NATH MISHRA                                                Respondent(s)

                               J U D G M E N T

KURIAN, J.

1.    Leave granted.

2.    The parties have been in certain  material  disputes.   The  appellant
has approached this  court,  aggrieved  by  the  Judgment  and  Order  dated
01.10.2015 passed by the High Court of Jharkhand at Ranchi in  First  Appeal
No. 579 of 2014.

3.    On a suggestion made by this Court, the parties made  an  attempt  for
settlement of their disputes through Mediation.  It is  heartening  to  note
that the parties, through the assistance  of  Ms.  Kiran  Bhardwaj,  learned
Mediator, have arrived at an amicable settlement and a Settlement  Agreement
dated 19.04.2016 has been filed before this Court.


4.    Therefore, this appeal is disposed  of  in  terms  of  the  Settlement
Agreement.

5.    We direct the respondent to pay a sum of  Rs.5,00,000/-  (Rupees  Five
Lakhs) to the appellant by way of  a  Demand  Draft  within  two  days  from
today.  The remaining amount of Rs. 2,00,000/- (Rupees Two  Lakhs)  will  be
paid by the respondent to the appellant  within  another  six  weeks.   Such
payments are in full and final settlement of  all  the  claims  between  the
parties and there shall be no further claims.

6.    In terms of the settlement, Money Suit No. 06 of  2012  filed  by  the
respondent  against  the  appellant  pending  before  the  Court  of  Senior
Division, Hazari  Bagh,  Jharkhand,  shall  stand  dismissed  as  withdrawn.
Similarly, Writ Petition (C) No.  2402  of  2013  filed  by  the  respondent
against the appellant,  pending  before  the  High  Court  of  Jharkhand  at
Ranchi, shall  also  stand  dismissed  as  withdrawn.   The  Registry  shall
communicate a copy of this Judgment to both the Courts forthwith.



7.    In view of the settlement above, the civil appeal is disposed of  with
no order as to costs.

                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                   [ ROHINTON FALI NARIMAN ]

      New Delhi;
      May 05, 2016.