Saiyad Fazal Yezdan vs Smt. Rajni Dubey
2024 Latest Caselaw 13743 MP

Madhya Pradesh High Court

Saiyad Fazal Yezdan vs Smt. Rajni Dubey on 11 May, 2024

Author: Sheel Nagu

Bench: Sheel Nagu

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                BEFORE LOK ADALAT
                                          HON'BLE SHRI JUSTICE SHEEL NAGU
                                                         &
                                       SHRI ATULANAND AWASTHI, SR. ADVOCATE
                                                ON THE 11 th OF MAY, 2024
                                            SECOND APPEAL No. 2295 of 2019

                          BETWEEN:-
                          SAIYAD FAZAL YEZDAN S/O LATE SAIYAD FATAH
                          YEZDAN, AGED ABOUT 54 YEARS, R/O PATEL WARD,
                          KANDELI TEHSIL & DISTRICT NARSINGHPUR
                          (MADHYA PRADESH)

                                                                                       .....APPELLANT
                          (BY SHRI SHASHWAT SINGH DAHIYA - ADVOCATE)

                          AND
                          SMT. RAJNI DUBEY W/O LATE SHRI RAMESH DUBEY
                          R/O PATEL WARD, KANDELI, TEHSIL NARSINGHPUR
                          (MADHYA PRADESH) (DEAD)
                          THROUGH L.RS.
                          1. DEEPAK DUBEY S/O LATE SHRI RAMESH DUBEY,
                          AGED ABOUT 42 YEARS, R/O PATEL WARD, KANDELI,
                          TEHSIL & DISTRICT NARSINGHPUR (MADHYA
                          PRADESH)
                          2. SMT. SARITA DUBEY W/O SHRI SATENDRA DUBEY
                          R/O RAM NAGAR BARGI COLONY, GRAM NATKATUA,
                          KANDELI DISTRICT NARSIGHPUR (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (NONE )

                                This appeal coming on for conciliation this day, the Bench passed the
                          following:
                                                            ORDER

This second appeal has been filed assailing judgment and decree dated 10.05.2019 passed in Civil Appeal No.04/2019 by IV Additional District Judge, District Narsinghpur (M.P.) whereby the judgment and decree dated 29.11.2017

passed in Civil Suit No.30A/2015 by I Civil Judge Class - 2, District Narsinghpur (M.P.) was affirmed.

2. During the pendency of this appeal, I.A. No.9461/2024 for withdrawal of this appeal has been moved under Order 23 Rule 1 of CPC informing that an amount of Rs.Five lacs has been received by respondent/tenant vide cheque No.042688 dated 30.04.2024 and respondent/tenant has already vacated the premise in question.

3. In the light of aforesaid settlement being arrived at, I.A. No.9461/2024 stands allowed.

4. Consequently, present second appeal stands dismissed as withdrawn.

                            (SHEEL NAGU)                                         (ATULANAND AWASTHI )
                               MEMBER                                                 MEMBER
                          mohsin