Premsingh vs Abdul Rahim
2021 Latest Caselaw 7311 MP

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  HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                FIRST APPEAL NO.01 OF 2007
         (Premsingh and Another vs Abdul Rahim and Others)



Indore, Dated 11.11.2021
     Mr. Veer Kumar Jain, learned senior counsel along with
Mr. Adarsh Jain, counsel for the appellants.
     None for the respondent No.1.

Mr. G.M. Agrawal, learned counsel for the respondents No.2 and 3.

None for the respondent No.4.

Mr. Rajeev Kumar Jain, learned counsel for the respondent No.5.

Mr. Viraj Godha, learned counsel for the respondent No.6/State.

This is an appeal under Section 96 of the Code of Civil Procedure, 1908 which has been preferred against the judgment and decree dated 29.06.2006 passed in Civil Suit No.9-A/2005 by Third Additional District Judge, Indore whereby the suit for specific performance filed by the appellants had been dismissed.

Learned senior counsel for the appellants submitted that an application-IA No.7367/2021 under Order 23 Rule 1 read with Section 151 CPC seeking to withdraw the appeal without any pre-condition has been filed along with other applications. Along with this IA No.7368/2021 under Order 22 Rule 4 read with Section 151 CPC, IA No.7369/2021 under Order 22 Rule 9 CPC and IA No.7370/2021 which is an application for condonation of delay in bringing the legal representatives of respondent No.5 on record have also been filed.

As per IA No.7368/2021, respondent No.5 Tetiya S/o

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE FIRST APPEAL NO.01 OF 2007 (Premsingh and Another vs Abdul Rahim and Others)

Bhuraji had expired and in its place his LRs Munna and Babu has been sought to be brought on record. The aforesaid application having been filed after a lapse of period of limitation. Another application i.e. IA No.7369/2021 has been filed in which sufficient cause has been shown for setting aside the abatement due to lapse of time.

On due consideration, both the IAs No.7368/2021 and 7369/2021 stands allowed and disposed of and also in view of the reasons assigned in IA No.7370/2021, the same stands allowed and disposed of. The aforesaid LRs be brought on record forthwith.

This appeal has been sought to be withdrawn by filing an application i.e. IA No.7367/2021 without any precondition and therefore the same stands allowed. Withdrawal of appeal shall be assumed to be affected after incorporation of LRs of respondent No.5. Accordingly IA No.7367/2021 stands disposed of. Parties to bear their own costs.

The record of trial Court be sent back for due compliance.

(SHAILENDRA SHUKLA) JUDGE

Arun/-

Digitally signed by ARUN NAIR Date: 2021.11.11 18:21:36 +05'30'

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE FIRST APPEAL NO.01 OF 2007 (Premsingh and Another vs Abdul Rahim and Others)