1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B.Civil Writ Petition No.12039/2013 Suresh Kumar V/s.
The Sub Divisional Officer Cum Sub Divisional Magistrate & ORS.Date of Order ::: 17.09.2014 PRESENT HON'BLE Mr.JUSTICE P.K.LOHRA Mr.Mahipal Singh for Mr.Hemant Jain for the petitioner.
Mr.S.S.Gour for respondent No.2.
Petitioner-son has filed this writ petition challenging the impugned verdict dated 12th August, 2013 (Annex.4) passed by the Sub-Divisional Magistrate, Sriganganagar (for short, 'learned Tribunal') under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, 'Act of 2007').By the order impugned, the learned Tribunal has set at naught a registered gift deed executed by the second respondent, mother, in favour of petitioner for agriculture 2 land measuring 0.759 hectare precisely on the ground that petitioner is not maintaining his mother.
On 15th January, 2014, petition was admitted and the impugned order was stayed subjected to the condition that petitioner shall pay maintenance @ Rs.15,000/- per month to second respondent.
Learned counsels for the parties have jointly filed an application (IA No.4052/14) stating therein that now the disputes between the rival parties have been settled and petitioner-son has realized his legal, social and moral obligations to maintain his elderly mother.
The written compromise is also annexed with the application.
In terms of compromise, parties are seeking annulment of the impugned order.
From the recitals contained in the compromise, it is amply clear that parties have amicably settled their disputes perpetually.
In view of the fact that parties have arrived at compromise and the petitioner has agreed to take care about his mother-second respondent and to maintain her, I feel persuaded to dispose of this writ petition in terms of compromise.
3 Accordingly, the order impugned, whereby the registered gift deed is set aside, is, hereby, annulled.
It is made clear that, if any, dispute crops up in future, the respondent-mother shall be free to take recouRs.to law.
Application (IA No.4052/14) is also disposed of.
(P.K.LOHRA).J.
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