SANJAY KALRA Vs. STATE

JUDGEMENT

(1.) The instant application under Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the "CPC") has been filed on behalf of the applicant seeking the following reliefs:

(2.) Learned counsel for the applicant/petitioner submitted that the applicant had filed an application bearing number IA No. 10722/2019 with similar reliefs before this Court, but the same was withdrawn with liberty to take appropriate steps with respect to the family settlement if the need arises vide order of this Court dtd. 19/12/2019.

(3.) Learned counsel for the applicant submitted that despite the applicant's total compliance of the obligations enumerated in the agreement, the mother has failed to fulfil her obligations substantially. It is stated that it has become crystal clear that the mother/the LR 1 does not wish to fulfil her commitment given to the applicant in the Family Settlement filed before this Court, contingent upon which the applicant had granted his NOC in the present proceedings and impressed upon the Executor to withdraw the other case bearing TEST. Case No. 05/2015 where the applicant was the major beneficiary of the last Will of his father, late Shri Davinder Kumar Jain.