Poona Ram And Anr vs Hindu
2021 Latest Caselaw 11539 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 348/2004

1. Legal representative of deceased Poona Ram S/o Shri Nath Meghwal, R/o Sewadi, Tehsil Bali, District 1/1. Ramesh Kumar S/o Late Poona Ram. 1/2. Deva Ram s/o Late Poona Ram.

Residents of village Sewadi, Tehsil Bali, District-Pali.

2. Teka Ram s/o Shri Nath Meghwal, R/o Sewadi, Tehsil Bali, District - Pali.

----Appellants Versus

1. Legal Representative of deceased of Hindu S/o Shri Nath Ji, R/o Sewadi, Tehsil Bali, District Pali. 1/1. Sona Ram S/o Hindu Meghwal Savadiwale aged about 63 years, R/o Near Bhaesagar mandir Kesaknagar New Bus Stand, Pali, Rajasthan.

1/2. Ghanesh Ram s/o Hindu Meghwal Savadiwale, aged about 61 years, R/o Ward No.8 Panchayat Gali No.5 Meghwalao Ka Baas Village Sewadi Tehsil Bali, District Pali. 1/3. Bhima Ram s/o Hindu Meghwal Savadiwale, aged about 61 years, R/o Ward No. 8 Panchayat Gali No.5 Meghwalao Ka Baas Village Sewadi Tehsil Bali, District Pali.

----Respondents

For Appellant(s) : Mr. Manish Shishodia.

For Respondent(s) : None.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

26/07/2021

An application under Order XXIII Rule 1 CPC read with

Section 151 CPC was filed by the appellants on 18.02.2021 after

supplying copy to the respondents.

The matter came up before the Court on 05.03.2021, when

learned counsel for the respondents prayed for time to complete

(2 of 2) [CFA-348/2004]

his instructions on the application. Again time was granted on

26.03.2021, 09.04.2021 & 12.07.2021, whereafter, on 19.07.2021

none was present for the respondents. Today also, none is

present.

It appears that in view of the compromise arrived at between

the parties, the respondents are not interested in contesting the

application.

The said aspect is further reflected from an order sheet

dated 21.12.2019 of the Additional District Judge, Bali, wherein,

based on the compromise of the parties, the pending execution

was got dismissed.

In view thereof, the application filed by the appellants under

Order XXIII Rule 1 CPC is allowed.

The appeal is disposed of in terms of the compromise, a copy

,whereof, has been filed as (Annex.A-1) to the application,

whereby, the respondents decree holder have left their interest in

the suit property as was decreed in their favour by the impugned

judgment and decree.

(ARUN BHANSALI),J 52-Sachin/-

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