Chandra Mohan Mahato & Others vs Subal Mahato & Others
2021 Latest Caselaw 2635 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  (Civil Appellate Jurisdiction)
                     S. A. No. 243 of 2015
                               ......

Chandra Mohan Mahato & Others ........... Appellants Versus Subal Mahato & Others ........ Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) .......

For the Appellants : Mr. Mahesh Tewari, Advocate For the Respondent Nos.1 &2 : Mr. K. K. Mishra, Advocate.

.......

11/29.07.2021 Heard, learned counsel for the appellants, Mr. Mahesh Tewari. The Second Appeal has been preferred against the judgment dated 21.01.2015 and decree singed on 04.02.2015 passed by learned Principal District Judge, Jamtara in Title Appeal No. 23/2013 affirming the judgment dated 07.10.2013 and decree signed on 18.11.2013 passed by learned Sr. Civil Judge-II, Jamtara in Title Suit No.08/1995.

Learned counsel for the appellants has submitted that during pendency of the appeal, the parties have settled their dispute on the basis of a joint compromise petition, which has been made part of I.A. No.3689/2018 and as such, in view of the joint compromise between the parties, the appellants are seeking permission to withdraw this appeal.

Learned counsel for the respondent Nos.1&2, Mr. K. K. Mishra has submitted that if the appellants want to withdraw the appeal, in view of the settlement arrived between the parties, he has no objection, as the appeal has not been admitted till date.

After hearing learned counsel for the parties, in view of the prayer made in I.A. No.3689/2018, the appeal is permitted to be withdrawn, accordingly, I.A. No.3689/2018 is allowed.

The instant second appeal is dismissed as withdrawn. I.A. No.5046/2015 for limitation and I.A. No.2103/2017 for injunction are hereby closed.

(Kailash Prasad Deo, J.) Sunil-Jay/-