Smt Bhagwati Devi vs Tirath Das
2022 Latest Caselaw 7272 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

             S.B. Civil Second Appeal No. 174/2007

Smt. Bhagwati Devi widow of Lt. Shri Swami Madhav Das Singh,
resident of 204, Kanwar Nagar, Jaipur
                                                          ----Appellant/Plaintiff
                                   Versus
Tirath Das son of Pesuram Sindhi, since deceased through his
legal representative:-
1. Girdhari Lal Son of Lt. Shri Teerath Das, resident of 5-Ka-20,
Shashtri Nagar Housing Board, Jaipur
                                                  ----Respondent/Defendant

For Appellant(s) : Mr. Nikhil Yadav for Mr. J P Goyal, Sr. Advocate For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

15/11/2022

1. Appellant-plaintiff has preferred this second appeal under

Section 100 of the Code of Civil Procedure, feeling aggrieved by

the judgment and decree dated 29.08.2006 passed in Civil

Regular Appeal No.43/2002 by the Court of Additional District

Judge No.2, Jaipur City, Jaipur, affirming the judgment and decree

dated 22.03.2002 passed in Civil Suit No.117/1993 by the Court

of Additional Civil Judge (Junior Division), West Jaipur City, Jaipur,

whereby and whereunder civil suit for eviction and permanent

injunction filed by appellant-plaintiff has been dismissed on

merits.

2. Counsel for appellant fairly submits that the possession of

the suit property has already been handed over to respondent and

(2 of 2) [CSA-174/2007]

therefore, appellant does not want to pursue the present second

appeal on merits and seeks permission to withdraw the same.

3. In view of above, the second appeal is dismissed as not

pressed.

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

(SUDESH BANSAL),J

SACHIN/24

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