Hukam Singh vs Alli
2022 Latest Caselaw 3040 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil First Appeal No. 332/2010

Hukam Singh aged about 65 years son of Shri Kanha Ram, R/o
Badli Ki CDhani Tehsil Mundawar District Alwar
                                                                  ----Appellant
                                   Versus
Alli Son of Shri Rudiya, aged about 60 years, R/o Badli, Tehsil
Mundawar District Alwar- at present R/o village Gola ka Baas,
Post Vijaypura via Narayanpur Tehsil Thanaganj District Alwar
                                                                ----Respondent

For Appellant(s)         :     Mr. Dhruv Atri
For Respondent(s)        :     Mr. Jai Kishan Yogi


           HON'BLE MR. JUSTICE SUDESH BANSAL
                        Judgment

11/04/2022

An application (I.A. No.1/2021) under Section 5 of Limitation

Act has been filed seeking condonation of delay in filing the

application (I.A. No.1/2020) under Order 22 Rule 3 CPC informing

to take the factum of death of sole appellant on record and

seeking substitution of his legal representatives.

For reasons mentioned in the applications, the same are

allowed. Delay is condoned and taking the factum of death of sole

appellant on record, his legal representatives named in the

application are allowed to be substituted in his place.

Amended cause title, enclosed with the application, is

directed to be taken on record.

Another application (I.A. No.2/2021) has also been filed by

and on behalf of appellant alleging inter alia that they are not

interested in pursuing the first appeal on merits and seeking

permission to withdraw the first appeal.

(2 of 2) [CFA-332/2010]

It appears that first appeal has been filed against dismissal

of civil suit for specific performance and permanent injunction vide

judgment dated 26.07.2010 passed by Additional District and

Sessions Judge, Fast Track, Kishangarhbas, District Alwar in civil

suit No.132/2009.

Since, appellant is not interested in pursuing the first appeal,

this Court grants permission to withdraw the same.

Learned counsel for respondent has no objection, if the

appeal is allowed to be withdrawn.

Accordingly, the appeal is dismissed as withdrawn.

All pending application(s), if any, stand(s) disposed of.

Record be sent back.

(SUDESH BANSAL),J

SACHIN-SAURABH/46

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