Ghanshyam Sharma Son Of Shri Madan ... vs Ramswaroop Son Of Jai Narayan
2022 Latest Caselaw 3049 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil First Appeal No. 771/2020

Ghanshyam Sharma Son Of Shri Madan Lal Sharma,
                                                                    ----Appellant
                                    Versus
Ramswaroop Son Of Jai Narayan & Ors.
                                                                 ----Respondents

For Appellant(s)           :     Mr. Rahul Tiwari
For Respondent(s)          :     Mr. Prahlad Sharma



            HON'BLE MR. JUSTICE SUDESH BANSAL

                                     Order

11/04/2022

This present appeal arises against the judgment dated

17.08.2020 passed in Civil Suit No.17/2009 by the Additional

District Judge No.2, Bandikui District Dausa whereby and

whereunder the one of co-plaintiffs-Smt. Mohini Devi, being wife

of the original plaintiff-Madan Lal has abandoned her right to

pursue the civil suit for specific performance after accepting a sum

of Rs.1,20,000/- mentioned in the agreement. She moved a

written application supported with affidavit which has been

allowed by the trial court and the civil suit for specific performance

has been dismissed accordingly.

Appellant-Sh. Ghanshyam Sharma, it appears also impleaded

as one of legal representatives of original plaintiff, alleging himself

to be an adopted son of original plaintiff-Madan Lal and his wife-

Mohini Devi. The adoption of present appellant is a disputed fact

as Smt. Mohini Devi categorically denied his adoption while

moving an application for abandonment of her right to claim the

suit for specific performance.

(2 of 2) [CFA-771/2020]

Whether the appellant, being one of the legal representatives

of deceased-plaintiff, can assail the withdrawal of suit of specific

performance by another co-plaintiff, is to be examined in the

present appeal. In order to examine the status of appellant that

under what capacity he was impleaded as one of the legal

representatives of deceased plaintiff, the record of trial court be

summoned immediately.

Additionally, Office is directed to send a fax message to the

trial court for sending the record.

List this first appeal again on 26.04.2022.

(SUDESH BANSAL),J

SAURABH/79

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