Nagar Palika Hindaun City vs Late Parasram S/O Shri Anandilal
2022 Latest Caselaw 2654 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil First Appeal No. 93/2021

Nagar Palika Hindaun City through its Executive Officer presently
the Municipal Council through its Commissioner, Hindaun City,
District Karauli Rajasthan.
                                                    ----Appellant-defendant
                                 Versus
Late Parasram S/o Shri Anandilal, aged about 72 years, resident
of Bayana Road, Mohan Nagar, Hindaun City, District Karauli
Rajasthan (Since Deceased) through his legal heirs-
1/1. Smt. Sampatti W/o Late Parasram Dhaked, resident of
Bayana Road, Mohan Nagar, Hindaun City, District Karauli
Rajasthan (Deceased)
1/2. Prithvi Raj S/o Late Shri Parasram Dhaked, aged about 58
years, resident of Bayana Road, Mohan Nagar, Hindaun City,
District Karauli Rajasthan
1/3. Vijay Singh S/o Late Shri Parasram Dahked, aged abut 49
years, resident of Bayana Road, Mohan Nagar, Hindaun City,
District Karauli Rajasthan
1/4. Kesar D/o Late Shri Parasram Dhaked W/o Shri Lalchand
Dhaked, aged about 64 years, resident of Agrasen Vihar, Hindau
City, District Karauli.
1/5. Dharma D/o Late Shri Parasram Dhaked W/o Shri Laxman
Dhaked, Resident of Near Railway Station Kota.
1/6. Kusma D/o Late Shri Parasram Dhaked W/o Shri Gopal Lal
Dhaked, resident of Bhaisina, Post and Tehsil Todabhim, District
Karauli.
1/7. Vidhya Devi D/o Late Shri Parasram Dhaked, resident of
Behind New Hospital, Saket Colony, Mohan Nagar, Hindaun City.
2. Bachhu Singh S/o Andandi Lal, aged about 60 years, resident
of Bayana Road, Mohan Nagar, Hindaun City, District Karauli
Rajasthan presently Sawai Madhopur
3. Smt. Laxmi Devi W/o Late Shri Ram Shri, aged about 65
years, resident of Bayana Road, Mohan Nagar, Hindaun City,
District Karauli Rajasthan presently Sawai Madhopur
4. Nihal Singh S/o Ram Shri, aged about 38 years, resident of
Bayana Road, Mohan Nagar, Hindaun City, District Karauli
Rajasthan presently Sawai Madhopur
5. Rajendra S/o Ram Shri, aged about 33 years, resident of
Bayana Road, Mohan Nagar, Hindaun City, District Karauli
Rajasthan presently Sawai Madhopur
6. Smt. Mahadevi D/o Ram Shri, aged about 36 years, resident
of Bayana Road, Mohan Nagar, Hindaun City, District Karauli
Rajasthan presently Sawai Madhopur
7. Smt. Guddi D/o Ram Shri, aged abut 33 years, resident of
Bayana Road, Mohan Nagar, Hindaun City, District Karauli
Rajasthan presently Sawai Madhopur
8. The State of Rajasthan through District Collector, Karauli (the
then), presently District Sawai Madhopur.
9. Tehsildar, Tehsil Karyalaya Hindaun, Karauli (the than),
presently District Sawai Madhopur.

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                                                              (2 of 2)                                   [CFA-93/2021]


                                    10. Murti Kundawala Hanuman Ji, Virajman Bayana Road, Hindau
                                    City through Ashok Kumar Sharma S/o Shri Hari Prasad Sharma,
                                    resident of Shri Ram Colony, Ward No.15.
                                                                                                    ----Respondent

For Appellant(s) : Mr. Brij Kishore Sharma For Respondent(s) : Mr. Rajneesh Gupta

HON'BLE MR. JUSTICE SUDESH BANSAL Order 30/03/2022

This first appeal has been filed by appellant-defendant

(hereinafter "defendant") Nagar Palika, assailing judgment and

decree dated 16.02.2021 passed by Additional District Judge No.2,

Hindaun City, District Karauli in suit No.26/2016 whereby suit for

declaration and permanent injunction has been decreed in favour

of respondents-plaintiffs (hereinafter "plaintiffs").

During pendency of first appeal, defendant has filed an

application for withdrawal of the first appeal. It has been averred

by defendant that the empowered Committee of Nagar Parishad,

Hindaun City has taken a resolution to allot/ have no objection in

relation to allot the suit property to plaintiffs and to withdraw this

first appeal. A copy of resolution of empowered Committee has

also been placed on record along with application. Application is

duly supported with affidavit of Commissioner, Municipal Council,

Hindaun City.

For reasons mentioned in application, the first appeal is

allowed to be withdrawn.

Accordingly, the first appeal is dismissed as withdrawn.

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

(SUDESH BANSAL),J

NITIN /59

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