Madan Mohan vs Roodmal
2022 Latest Caselaw 4509 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                S.B. Civil Second Appeal No. 213/1993

 Madan Mohan Choudhary S/o Ram Chandraji, r/o Alwar, Near
 Sabji Mandi (Since deceased through his legal representatives):-
 1/1 Smt. Kamala Choudhary wd/o
 1/2 Mukesh Choudhary S/o
 Sh. Madan Mohan, r/o Near Sabji Mandi, Alwar
                                                                   ----Appellants
                                     Versus
 1. Roodmal S/o Seduram Saini, R/o Mohalla Chanwad Padi,
 Alwar
 2. Govind Prasad S/o Sitaram Saini, r/o Mohalla Swarg Road,
 Alwar
                                                                 ----Respondents

For Appellant(s) : Mr. J.P. Goyal, Sr. Adv. assisted by Ms. Jyoti Swami For Respondent(s) : Mr. Sanjay Yadav

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

05/07/2022

This second appeal is directed against the judgment and

decree 17.04.1993 passed by Additional Civil Judge No.2, Alwar in

civil appeal No.5/1991 dismissing the first appeal and affirming

the judgment and decree dated 24.11.1981 passed by Additional

Munsif and Judicial Magistrate No.1, Alwar in civil suit

No.178/1979 (76/73) whereby and whereunder the civil suit for

eviction filed by appellant-plaintiffs was dismissed.

During the course of second appeal, learned counsel for

defendants submits that his clients have enter into compromise

and have vacated the suit premise.

(2 of 2) [CSA-213/1993]

Learned counsel for appellant-plaintiffs submits that plaintiffs

have sold out the suit property and do not pursue the second

appeal on merits.

Taking the contention of learned counsel for respondent-

defendants that the suit property has already been vacated, on

record, however, in view of fact that the appellant-plaintiffs do not

pursue the second appeal and seeks permission to withdraw the

same, hence the second appeal is dismissed as withdrawn. All pending applications, if any, also stand disposed of.

(SUDESH BANSAL),J

TN/101

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