Pramod Kumar Nigam vs Smt Indu Nigam And Ors
2022 Latest Caselaw 3220 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             S.B. Civil First Appeal No. 178/2018

Pramod Kumar Nigam S/o Late Shri Har Prasad Nigam, aged
about 55 years, R/o Plot No.C-23, Subhash Colony, Shastri
Nagar, Jaipur.
                                                      ----Appellant-defendant
                                   Versus
1.     Smt. Indu Nigam W/o Shri Surendra Nath Nigam, D/o
       Late Shri Har Prasad Nigam, aged about 66 years, R/o B-
       5, Modal Town, Bhatti Ki Bawadi, Jodhpur.
2.     Smt. Saroj Nigam Bhatnagar W/o Shri Alok Sharan
       Bhatnagar D/o Shri Har Prasad Nigam, aged about 65
       years, R/o Plot No. 32/88, Swarn Path, Mansarovar, Jaipur
3.     Smt. Beena Nigam S/o Late Shri Jawahar Nath Nigam,
       D/o Late Shri Har Prasad Nigam, aged about 63 years,
       R/o B-391 Gali Number-4, Majlis Park, Azadpur Delhi.
4.     Kanak Srivastava W/o Shri Ummed Prasad Srivastava D/o
       Late Shri Har Prasad Nigam, aged about 59 years, R/o
       2029, Kashi Bhawan, Bhatto Ki Gali, Second Chouraha,
       Hawamahal Raod, Jaipur.
5.     Smt. Naman @ Renu Mathur W/o Shri Radhesharan
       Mathur D/o Late Shri Har Prasad Nigam, aged about 57
       years, R/o 3/385, Housing Board, Kala Kuwa, Alwar.
                                                                ----Respondents

For Appellant(s) : Mr. Santosh Singh Shekhawat For Respondent(s) : Mr. Mohammed Anees through VC

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

21/04/2022

Appellant-defendant No.5 has filed this first appeal, assailing

judgment and decree dated 16.12.2017 passed by Additional

District Judge No.8, Jaipur Metropolitan in suit No.131/2013

(2 of 2) [CFA-178/2018]

whereby suit for partition and permanent injunction has been

decreed in favour of respondent No.1-plaintiff.

The issue raised in the present appeal is about partition of

suit property between plaintiff and defendant Nos.1 to 5 on the

basis of will dated 29.05.1995 executed by Smt. Savitri Devi. The

trial Court vide judgment dated 16.12.2017 passed a preliminary

decree for partition declaring 1/6th share of each party against

which defendant No.5 has filed this first appeal.

During pendency of first appeal, appellant has moved an

application (No.1/2022) for withdrawal of first appeal.

Counsel for appellant submits that parties have entered into

compromise on 07.03.2022 and now appellant does not want to

pursue the first appeal.

In view of above, the first appeal is dismissed as withdrawn.

(SUDESH BANSAL),J

NITIN /130

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