Ramlal And Anr vs Smt Nirmla Kumari
2022 Latest Caselaw 2079 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

               S.B. Civil Second Appeal No. 284/2018

1.       Ramlal S/o Kaniya B/c Swami, R/o Village Kesroli Teshile
         Ramgarh, District Alwar Rajasthan
2.       Ramprasad S/o Kaniya                 R/o Village Kesroli Teshile
         Ramgarh, District Alwar Rajasthan
                                                                   ----Appellants
                                    Versus
Smt. Nirmla Kumari W/o Mangalsingh Reitired Wing, Commander
D/o Late Thakur Narendra Singh Rajpoot R/o Fort Kesroli 32 Moti
Dugri Alwar Rajasthan
                                                                  ----Respondent

For Appellant(s) : Mr. Mohit Gupta For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

08/03/2022

The appellants-defendants have preferred this second

appeal assailing the judgment and decree dated 20.05.2009

passed by Additional Civil Judge (Jr. Division) No.3, Alwar, which

was affirmed by by the first appellate court vide judgment and

decree dated 26.02.2018, whereby and whereunder the

appellants-defendants was directed to hand over the vacant

possession to respondent-plaintiff.

The plaintiffs has moved an application under Order 23 Rule

1 CPC alleging that parties have settled the dispute amicably out

of court and in view of that the appellant does not want to pursue

this appeal.

(2 of 2) [CSA-284/2018]

Perusal of record goes to show that an application under

Order 22 Rule 4 CPC is also pending.

Since, the sole respondent is said to be died, his legal

representatives as mentioned in para 2 of the application, the

same is allowed. Legal representatives of deceased respondent is

taken on record. However, appellant seeks permission to

withdraw the application.

For the reasons mentioned in the hereinabove, the prayer is

allowed.

Accordingly, the second appeal is dismissed as withdrawn.

Stay application and any other application(s), if any,

stand(s) disposed of.

(SUDESH BANSAL),J

TN/73

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