Radhey Shyam vs Kanhaiya Lal (2025:Rj-Jd:46292)
2025 Latest Caselaw 14471 Raj

Rajasthan High Court - Jodhpur

Radhey Shyam vs Kanhaiya Lal (2025:Rj-Jd:46292) on 27 October, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:46292]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil First Appeal No. 32/2020

1.        Radhey Shyam S/o Shri Jagdish Chandra, Aged About 45
          Years, B/c Kumawat, R/o Opposite Mahaveer Bhawan,
          Sohan Ghati, Nimbahera, District Chitorgarh.
2.        Mst. Dhapu Bai W/o Shri Jagdish Chandra, Aged About 75
          Years, B/c Kumawat, R/o Opposite Mahaveer Bhawan,
          Sohan Ghati, Nimbahera, District Chitorgarh.
                                                                        ----Appellants
                                         Versus
1.        Kanhaiya Lal S/o Shri Jagdish Chandra, B/c Kumawat, R/o
          Jawad Darwaja, Nimbahera, District Chittorgarh.
2.        Kishan Lal S/o Shri Jagdish Chandra, B/c Kumawat, R/o
          Opposite Mahaveer Bhawan, Sohan Ghati, Nimbahera,
          District Chittorgarh.
3.        Mst. Chanda W/o Shri Labh Chand, B/c Kumawat, R/o
          Kumawaton Ki Guwadi, Holi Thada, Nimbahera, District
          Chittorgarh.
4.        State      Of    Rajasthan,         Through         The     Tehsildar   (Sub
          Registrar), Nimbahera, District Chittorgarh
                                                                      ----Respondents


For Appellant(s)               :     Mr. Abhinav Jain.
For Respondent(s)              :     -



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

27/10/2025

1. The matter comes up for orders on an application (01/2025)

filed under order 23 Rule 1 and 3 CPC read with Section 151 CP.C

filed by the appellants seeking withdrawal of the instant first

appeal.

2. The appellant No.1- Radhey Shyam and the respondent No.1-

Kanhaiya Lal, present before this Court, submit that during

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[2025:RJ-JD:46292] (2 of 2) [CFA-32/2020]

pendency of the present first appeal, a compromise has been

arrived at between the parties and in view of the compromise, the

appellants may be permitted to withdraw the present first appeal

whereas the respondent No.1- plaintiff may be permitted to

withdraw the Civil Original Suit No.95/2011 titled as 'Kanhaiyalal

vs. Radheshyam & Ors.' decided by learned Additional District

Judge No.1, Nimbahera, District Chittorgarh, vide judgment and

decree dated 17.08.2019.

3. In view of aforesaid, the application (01/2025) is allowed.

4. The instant first appeal is disposed of as withdrawn. The

judgment and decree dated 17.08.2019 passed by the learned

Additional District Judge No.1, Nimbahera, District Chittorgarh in

Civil Original Suit No.95/2011 titled as 'Kanhaiyalal vs.

Radheshyam & Ors.' is set aside. It is directed that the agricultural

land situated at Khasra No.594 and 597 (Old Khasra Nos.424 and

426) be recorded in the name of appellant No.2 - Smt. Dhapu Bai

widow of Late Shri Jagdish Chandra, in view of the Will dated

15.06.2005 which has been titled as 'Yaddasht Bantwara'.

5. All pending applications are disposed of.

(KULDEEP MATHUR),J 153-Tikam/-

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