Bhoop Bhupendra vs Rohtash Kumar
2021 Latest Caselaw 5324 Raj

(1 of 3) [CLA-5/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civ. Leave To Appeal No. 5/2020

1. Bhoop Bhupendra S/o Chunni Lal, Aged About 54 Years, R/o Silwala Khurd, Tehsil Tibbi, District Hanumangarh (Raj.)

2. Gyan Prakash S/o Chunni Lal, Aged About 52 Years, R/o Silwala Khurd, Tehsil Tibbi, District Hanumangarh (Raj.)

3. Kailash Devi W/o Late Inder Sen, Aged About 45 Years, S/o Chunni Lal, R/o Silwala Khurd, Tehsil Tibbi, District Hanumangarh (Raj.)

4. Vikaram S/o Late Inder Sen, Aged About 25 Years, S/o Chunni Lal, R/o Silwala Khurd, Tehsil Tibbi, District Hanumangarh (Raj.)

5. Vijayta D/o Late Inder Sen, Aged About 26 Years, S/o Chunni Lal, R/o Silwala Khurd, Tehsil Tibbi, District Hanumangarh (Raj.)

6. Bogi Devi @ Sumitra Devi W/o Late Shri Krishan Kumar, Aged About 78 Years, R/o Silwala Khurd, Tehsil Tibbi, District Hanumangarh (Raj.) Presently Kular, Tehsil Abohar, District Firozpur (Punjab)

7. Gajendra S/o Late Shri Krishan Kumar, Aged About 57 Years, R/o Silwala Khurd, Tehsil Tibbi, District Hanumangarh (Raj.) Presently Kular, Tehsil Abohar, District Firozpur (Punjab)

8. Rajesh S/o Late Shri Krishan Kumar, Aged About 50 Years, R/o Silwala Khurd, Tehsil Tibbi, District Hanumangarh (Raj.) Presently Kular, Tehsil Abohar, District Firozpur (Punjab)

9. Chandar W/o Late Shri Sukhdev, Aged About 54 Years, D/o Late Shri Krishan Kumar S/o Late Shri Shyolal, R/o Malot, Tehsil Malot, District Muktsar (Punjab)

----Appellants Versus

1. Rohtash Kumar S/o Sh. Dayanand, R/o Killipura, Tehsil Taranagar, District Churu.

2. Dhoomli Devi W/o Late Shri Gurdayal Singh, R/o Gram Modan, Tehsil Buhana, District Jhunjhunu (Raj.)

3. Mohanlal S/o Gurdayal Singh, R/o Gram Modan, Tehsil

(2 of 3) [CLA-5/2020]

Buhana, District Jhunjhunu (Raj.)

4. Indraj S/o Gurdayal Singh, R/o Gram Modan, Tehsil Buhana, District Jhunjhunu (Raj.)

----Respondents

For Appellant(s) : Mr. Sushil Bishnoi. For Respondent(s) : Mr. Suresh Bhati.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

24/02/2021

This leave to appeal has been filed by the applicants in

relation to judgment and decree dated 22.1.2020 passed by

Special Judge, NDPS Cases, Hanumangarh, whereby, a suit for

specific performance filed by respondent - plaintiff Rohtash Kumar

against Dhumali Devi & Ors., has been decreed.

Learned counsel for the applicants, in view of the order dated

20.1.2017 passed in SBCWP No.14505/2016 filed by the

applicants, when the suit was pending, against rejection of their

application under Order I Rule 10 CPC, whereby, the order of

rejection of the application by the trial court, was upheld by a Co-

ordinate Bench of this Court, seeks withdrawal of the present

application with liberty to agitate all the issues in the pending suit

filed by the appellants and before the executing court, in

accordance with law.

In view of the submissions made, the application for leave to

appeal is dismissed as withdrawn with liberty to raise the issues

before the appropriate forum/s, in accordance with law.

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In view of the fact that leave to appeal has been withdrawn,

the court fees paid by the appellants on the first appeal amounting

to Rs.19,160/- is ordered to be refunded back to the applicants -

appellants.

A certificate in this regard be issued by the Registry and be

delivered to learned counsel for the applicants - appellants.

(ARUN BHANSALI),J 108-Sumit/-

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