Toshniwal against Chogga & Chauthmal, it is clear that the present cross objector Karim Bux was found to be guilty of professional misconduct in those proceedings, hardly has a reliable claim of ownership over the said suit property and, therefore, the cross objections filed by him in the present first appeal, ex-facie, do not inspire any confidence. Secondly, as far as the dismissal of the first appeal itself is concerned, if the legal representatives of original plaintiff Sanwarmal, namely; Hazari Lal and others have themselves sought to withdraw the present first appeal as having handed over the possession of the suit property to the defendant no.1 - Shyam Lal and on their application filed in this appeal, namely; I.A.No.16631/2009 filed on 4/12/2009, jointly signed by the learned counsels for Hazari Lal, Mr. Dalpat Raj Bhandari and learned counsel appearing for Shyam Lal, Mr. Himanshu Maheshwari, along with the affidavit of Hazari Lal s/o Sanwarmal duly attested by Notary Public, Chirawa, a coordinate bench of this Court dismissed the first appeal on 18/1/2010, of course leaving the present cross objections to be decided on their own merits and, therefore, lengthy arguments on these cross objections were also heard by this Court again. The averments made in the said I.A.No.16631/2009 filed on 4/12/2009 read as under:
