RSHA KAKKAR VARSHA KAKKAR v. SHRI AJOY SHARMA IAS AND ANOTHER SHRI AJOY SHARMA IAS AND ANOTHER SHRI AJOY
Case Details
139 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH 2024 COCP-837-2024 , 2025 Date of Decision: July 28, 2025 Date of Decision: RSHA KAKKAR VARSHA KAKKAR ........Petitioner Versus
Legal Reasoning
SHRI AJOY SHARMA IAS AND ANOTHER SHRI AJOY SHARMA IAS AND ANOTHER SHRI AJOY SHARMA IAS AND ANOTHER ......Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Ms. Dhivya Jearth, Advocate for the Ms. Dhivya Jearth, Advocate (through video conferencing). (through video conferencing). for the petitioner AG, Punjab. Mr. Athar Ahmed, DAG, Punjab. Mr. Athar Ahmed, D Mr. Vivek Dahiya, Advocate for respondent No.2. Mr. Vivek Dahiya, Advocate for respondent No.2. Mr. Vivek Dahiya, Advocate for respondent No.2. HARKESH MANUJA, J. (ORAL) HARKESH MANUJA **** Both the parties are ad idem that the parties have settled oth the parties are ad idem that the parties have settled the parties are ad idem that the parties have settled their dispute in the following terms:- their dispute in the following terms: “As per the settlement arrived between the parties the As per the settlement arrived between the parties the As per the settlement arrived between the parties the sewerage pipelines of all three floors shall be repaired in a manner that they sewerage pipelines of all three floors shall be repaired in a manner that they sewerage pipelines of all three floors shall be repaired in a manner that they sewerage pipelines of all three floors shall be repaired in a manner that they are separated from each other and the owner of the each floor shall manage are separated from each other and the owner of the each floor shall manage are separated from each other and the owner of the each floor shall manage are separated from each other and the owner of the each floor shall manage sed by the petitioner their own sewerage connection. The plumber proposed by the petitioner their own sewerage connection. The plumber propo their own sewerage connection. The plumber propo namely Dinesh Kumar alongwith his associates shall undertake the work of namely Dinesh Kumar alongwith his associates shall undertake the work of namely Dinesh Kumar alongwith his associates shall undertake the work of namely Dinesh Kumar alongwith his associates shall undertake the work of floor, and separating the pipelines of all three floors i.e. Ground floor, first floor, and separating the pipelines of all three floors i.e. Ground floor, first separating the pipelines of all three floors i.e. Ground floor, first second floor. Further it is submitted that the expenses for blocking the pipes second floor. Further it is submitted that the expenses for blocking the pipes second floor. Further it is submitted that the expenses for blocking the pipes second floor. Further it is submitted that the expenses for blocking the pipes oming from the first floor and second floor shall be borne by the petitioner coming from the first floor and second floor shall be borne by the petitioner oming from the first floor and second floor shall be borne by the petitioner oming from the first floor and second floor shall be borne by the petitioner namely Varsha Kakkar and the expenses of installing the sewerage pipes on namely Varsha Kakkar and the expenses of installing the sewerage pipes on namely Varsha Kakkar and the expenses of installing the sewerage pipes on namely Varsha Kakkar and the expenses of installing the sewerage pipes on second floor which shall be directly connected to the the first floor and second floor which shall be directly connected to the second floor which shall be directly connected to the the first floor and rporation (without being connected to the sewerage system of municipal corporation (without being connected to the rporation (without being connected to the sewerage system of municipal co petitioner's sewerage system) shall be borne by the owners of the first floor petitioner's sewerage system) shall be borne by the owners of the first floor petitioner's sewerage system) shall be borne by the owners of the first floor petitioner's sewerage system) shall be borne by the owners of the first floor and second floor respectively). The sewage pipe shall be repaired by Dinesh and second floor respectively). The sewage pipe shall be repaired by Dinesh and second floor respectively). The sewage pipe shall be repaired by Dinesh and second floor respectively). The sewage pipe shall be repaired by Dinesh ar, plumber Kumar plumber as per the report submitted by him. Dinesh Kumar, plumber Kumar plumber as per the report submitted by him. Dinesh Kum Kumar plumber as per the report submitted by him. Dinesh Kum proposed by the petitioner shall assure the smooth functioning of the sewage proposed by the petitioner shall assure the smooth functioning of the sewage proposed by the petitioner shall assure the smooth functioning of the sewage proposed by the petitioner shall assure the smooth functioning of the sewage pipe line of all the three floors. The petitioner as well as the municipal council pipe line of all the three floors. The petitioner as well as the municipal council pipe line of all the three floors. The petitioner as well as the municipal council pipe line of all the three floors. The petitioner as well as the municipal council official shall corporate to complete the repair work by minimum damage to official shall corporate to complete the repair work by minimum damage to official shall corporate to complete the repair work by minimum damage to official shall corporate to complete the repair work by minimum damage to nstruction in the building. The work shall be completed within a the old construction in the building. The work shall be completed within a nstruction in the building. The work shall be completed within a the old co span of one month.” span of one month. TEJWINDER SINGH 2025.07.29 04:15 I agree to specified portions of this document COCP-837-2024 -2- In view thereof, no cause survives in the present petition
Decision
and the same is thus, disposed of. Rule discharged. 28.07.2025 Tejwinder (HARKESH MANUJA) JUDGE Whether speaking/reasoned Whether Reportable Yes/No Yes/No TEJWINDER SINGH 2025.07.29 04:15 I agree to specified portions of this document