HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 771/2020
Ghanshyam Sharma Son Of Shri Madan Lal Sharma,
----Appellant
Versus
Ramswaroop Son Of Jai Narayan & Ors.
----Respondents
For Appellant(s) : Mr. Rahul Tiwari
For Respondent(s) : Mr. Prahlad Sharma
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
11/04/2022
This present appeal arises against the judgment dated 17.08.2020 passed in Civil Suit No.17/2009 by the Additional District Judge No.2, Bandikui District Dausa whereby and whereunder the one of co-plaintiffs-Smt. Mohini Devi, being wife of the original plaintiff-Madan Lal has abandoned her right to pursue the civil suit for specific performance after accepting a sum of Rs.1,20,000/- mentioned in the agreement. She moved a written application supported with affidavit which has been allowed by the trial court and the civil suit for specific performance has been dismissed accordingly.
Appellant-Sh. Ghanshyam Sharma, it appears also impleaded as one of legal representatives of original plaintiff, alleging himself to be an adopted son of original plaintiff-Madan Lal and his wife- Mohini Devi. The adoption of present appellant is a disputed fact as Smt. Mohini Devi categorically denied his adoption while moving an application for abandonment of her right to claim the suit for specific performance.
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(2 of 2) [CFA-771/2020] Whether the appellant, being one of the legal representatives of deceased-plaintiff, can assail the withdrawal of suit of specific performance by another co-plaintiff, is to be examined in the present appeal. In order to examine the status of appellant that under what capacity he was impleaded as one of the legal representatives of deceased plaintiff, the record of trial court be summoned immediately.
Additionally, Office is directed to send a fax message to the trial court for sending the record.
List this first appeal again on 26.04.2022.
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