Citation : 2026 Latest Caselaw 4351 Raj
Judgement Date : 23 March, 2026
[2026:RJ-JD:13494]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil First Appeal No. 22/2024
1. Suwati Devi W/o Late Shri Dulichand Daga, Aged About
90 Years, R/o Ward No. 12, Jain Chowk, Nokha, Bikaner
(Rajasthan).
2. Kailash S/o Late Shri Dulichand Daga, Aged About 60
Years, R/o Ward No. 12, Jain Chowk, Nokha, Bikaner
(Rajasthan).
----Appellants
Versus
1. Shiv Kumar S/o Chhagan Lal Daga R/o Katla Chowk,
Nokha, Dist. Bikaner (Raj.).
2. Bajrang Lal S/o Chhagan Lal Daga, R/o Katla Chowk,
Nokha, Dist. Bikaner (Raj.).
3. Pawan Kumar S/o Chhagan Lal Daga, R/o Katla Chowk,
Nokha, Dist. Bikaner (Raj.).
4. Kamal Kishore S/o Chhagan Lal Daga, R/o Katla Chowk,
Nokha, Dist. Bikaner (Raj.).
5. Brij Mohan S/o Chhagan Lal Daga, R/o Katla Chowk,
Nokha, Dist. Bikaner (Raj.).
6. Lalit Kumar S/o Shri Dulichand Daga, R/o Ward No. 12,
Jain Chowk, Nokha, Bikaner (Rajasthan).
----Respondents
For Appellant(s) : Mr. D.D. Chitlangi
For Respondent(s) : Mr. Dron Kaushik
HON'BLE MS. JUSTICE REKHA BORANA
Order
23/03/2026
1. Counsel for the appellants submits that as application under
Order IX Rule 13, CPC as filed by the defendant stood allowed by
the Trial Court, nothing survives in the present appeal. He hence,
on instructions, seeks permission to withdraw the present appeal.
(Uploaded on 23/03/2026 at 06:50:10 PM)
[2026:RJ-JD:13494] (2 of 2) [CFA-22/2024]
2. He however submits that the Court Fee as filed with the
present appeal be refunded.
3. The request is genuine.
4. The present appeal is hence, dismissed as withdrawn.
5. The Court Fee as deposited by the appellants while filing the
present appeal is directed to be refunded back to them. Certificate
in this regard be issued by the Registry to counsel for the
appellants.
6. Stay petition and pending applications, if any, stand
disposed of.
7. The record be sent back to the learned Trial Court forthwith.
(REKHA BORANA),J 100-Arvind/-
(Uploaded on 23/03/2026 at 06:50:10 PM)
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