Rajasthan High Court
Ikramuddin And Others vs Alimuddin And Others on 24 May, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 477/2012
1. Ikramuddin
2. Inamuddin
3. Islamuddin
All Sons of Late Shri Nizamuddin Musalman R/o H.No.736,
Chandpole Bazar, Chokri Purani Basti, jaipur
----Appellant
Versus
1.Alimuddin S/o Nizamuddin R/o. Khalil Ka Chauraha, near Gali
Solanki Telicom, Khandelwal General Store, Rana Colony, Nahri
Ka Naka, Shastri Nagar, Jaipur.
2. Iftiaruddin S/o Nizamuddin R/o Near Shyam Lal Ka Kunwa,
Sayyad Colony, Chowkari Gaga Pole Jaipur.
3. Saifuddin S/o. Nizamuddin R/o. Chowdhari Van Bihar Colony
(In Front of Plot No.38B) Near of Rasta Masjid, Outside of Ganga
Pole Gate, Chowkari Ganga Pole, Jaipur.
4. Tafiquddin S/o. Nizamuddin R/o Khalil Ka Choraya, near
Solanki Telicom, Khandelwal Janral Store, Rana Colony, Nahri Ka
Naka, Shastri Nagar, Jaipur.
5. Shahbuddin S/o Nizamuddin R/o.C-4, A.K. Talore, Rana
Coloni, Nahri Ka Naka, Shastri Nagar, Jaipur.
6. Smt. Hamida Widow of Shri Nizamuddin, R/o Khalil Ka
Choraha, Rana Colony, Nahri Ka Naka, Jaipur (died during
pendency of suit).
7. Zaibunnisa D/o Shri Nizamuddin R/o.Shop No.368, Above
Paradise Readymade, Chandpole Bazar, Jaipur.
8. Mahrunnisa D/o Shri Nizamuddin W/o. Abdul Hamid R/o Shop
No.373, Above Babbu Patang Store, Chandpole Bazar, Jaipur.
9. Smt. Jahanara D/o Shri Nizamuddin W/o.Mohd. Safiq R/o
Near Shree Ram Trading, Sardul Singh Ki Nal, Chini Ki Burj, Near
Badi Masjid, Back of Parkota, Gangori, Jaipur.
10. Shambhu Dayal Rawat S/o Shri Badri Narain Rawat R/o Plot
No.24, Pratap Nagar, Back of Golimar Garden, Amer Road,
Jaipur.
11. Govind Behari Gupta S/o. Shri Radhey Shyam Mahajan R/o.
Plot No.12, Manu Marg, Amer Road, Jaipur.
12. Smt. Farzana Khan D/o. Babur Khan R/o. House No.778,
Bagru Walon Ka Rasta, Todu Mochi Ki Gali, Chowkari Purani
Basti, Chandpole Bazar, Jaipur.
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(2 of 3) [CFA-477/2012]
----Respondent
For Appellant(s) : Mr. R.K. Agarwal, Sr. Advocate
assisted by Mr. Mamoon Khalid
For Respondent(s) : Mr. J.K. Moolchandani
Mr. Rahul Sharma
Mr. Rahul Singh Chauhan
HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment
24/05/2022
1. Appellants-plaintiffs have preferred this first appeal assailing
the judgment and decree dated 29.05.2012 passed by the court of
Additional District Judge (F.T.) No.1, Jaipur Mahanagar, Jaipur in
Civil suit No.267/2009 whereby and whereunder their civil suit for
partition, mesne profit and permanent injunction was dismissed on
merits.
2. During course of first appeal, all three appellants have
moved an application (I.A. No.1/2022) under Order 23 Rule 1 CPC
read with Section 107 CPC stating therein that in order to give
quietus to the long drawn litigation, appellants have decided to
withdraw the appeal giving finality to the judgment and decree
dated 29.05.2012.
3. Appellant accepts to receive some amount in lieu of claiming
their right for partition.
4. The application is supported with affidavits of all appellants
who are present in person and identified by counsel for appellants.
5. Respondents have no objection in allowing to withdraw the
appeal in view of application moved by appellants.
6. For reasons mentioned in the application, the same is
allowed.
(3 of 3) [CFA-477/2012]
The first appeal is dismissed as withdrawn.
7. The stay order dated 01.10.2012 confirmed on 28.11.2016
stands vacated.
8. Stay application as well as any other pending application(s),
if any, stand(s) disposed of.
(SUDESH BANSAL),J
SAURABH/C-1
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