This single judge appellate order dismissed the S.B. Civil Misc. Appeal because the appellant had already withdrawn other appeals against the same award in Lok Adalat, treating the litigation as withdrawn.
Appellant's prayer accepted; appeal dismissed as withdrawn.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. Civil Misc. Appeal No.4063/2007 (Rajasthan State Road Transport Corporation Vs.
Smt. Sushila Devi & Ors.)
Date: February 08, 2016
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Mr. Virendra Agrawal with Mr. Rahul Khandelwal, for the applicant.
Shri Virendra Agrawal and Shri Rahul Khandelwal appearing for the appellant have contended that as per litigation policy of the Corporation, it has been decided not to pursue unnecessary litigation. Shri Rahul Khandelwal has submitted that in order to reduce pending litigation qua the impugned award, another appeal filed by the Corporation, bearing S.B. Civil Misc. Appeal No.4286/2007, was withdrawn under the aegis of Lok Adalat. Shri Khandelwal has submitted that against the impugned award, three appeals were filed out of which, above said appeal against Smt. Bhanwari Bai and others has already been withdrawn. Shri Khandelwal has placed on record duly attested copy of award/order dated 23.11.2013 passed by the Lok Adalat. The said award/order passed by the Lok Adalat reads as under:-
“The matter was taken up today in National Lok Adalat. We have persuaded both the parties to reach to an amicable settlement. We also pondered on Award and amount of claim awarded. In our view also award passed is proper in facts and circumstances of case. It has been informed that awarded payment has been paid. In view of that we persuaded the Committee of Roadways to withdraw the appeals as continued prosecution of this appeal is nothing but waste of Court time. The Registry has informed that claimant has not filed any cross-appeal.
After consultation, Roadways committee agrees to dispose of this appeal as per award amount.
Consequently appeal is disposed off as per consent
arrived and award passed by Tribunal below is confirmed, without prejudice to any connected appeal.”
Since one appeal against the impugned award has already been withdrawn, the prayer of the counsel for the appellant is accepted and this appeal is also dismissed as withdrawn.
(KANWALJIT SINGH AHLUWALIA),J.
Govind/-
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Govind Sharma, Sr.PA
1 issue framed by the court
Whether the presented appeal should be allowed given that linked appeals were withdrawn in Lok Adalat.
Rajasthan State Road Transport Corporation
Smt. Sushila Devi
Kanwalsingh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
