Dismissed

Hanuman Prasad v. Vikas Butolia and Ors.

Rajasthan HC17 Jan 2019CMA/3501/2017

Case brief

AI extract

What is this about?

Single judge of Rajasthan High Court dismissed civil miscellaneous appeal as withdrawn. Court granted liberty to file subrogation application under Order 39 Rule 4 CPC and directed trial court to decide suit within one year.

What did the court decide?

Liberty granted to respondents to file application under Order 39 Rule 4 CPC before trial court for refund of stamp money. Trial court directed to decide suit within one year.

Hanuman Prasad Vs Vikas Butolia and Ors. — Civil Procedure and Limitation | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR R'JASTHAN

¶2

BENCH AT JAIPUR

¶3

S.B. Civil Miscellaneous Appeal No. 3501/2017

¶4

Hanuman Prasad, S/o Late Shri Bhairooram, Village Raghunathgarh, Tehsil And Distt. Sikar Rajasthan Through Power Clf Attorney Holder Niranjan Kumawat S/o Shri Banwarilal, Aged 38 Years, R/o ,Mandawra, Tehsil Dhod, Distt. Sikar, At Present Plot No. B-7, Swastik Pride Apartment, Near Narayan Nagar, Ashoka Marg, Nasik Maharashtra

¶5

" -A t . .% i&s6 piR i-f &f~3 ,& ----Appellant 5fi8.,,w .%$, :<&s..qs, 1 $ g." "k 'SL g ,& ,:I .% 4 3. Versus -" p .*

¶6

I. Vika:s %, 'ut~~lidlia, S/o Shri Trilok Chand, villagA$ Kushalpura, ~e@s$?~nd Distt. Sikar Rajasthan

¶7

?.'
Z
&. 3 ;$andeep E Singh, S/o Shri Madan Singh, Village Khirod,
Tehsil Nawalgarh, Distt. Jhunjhunu Rajasthan
'2';-, i.Pn '
3. Deputy egistra~~~,k$$;e$: And ,$ **A Distt. Sikar Rajasthan
. - $ ?;
.,<%@% 3 &%*$&w&$%& CCC47 'I
4, Stat- Of Raj a,sbt.Am .re<&,.,., e_a++$ h~~~~g:$,~~~-~~~~~@~ll ' ~E"LV~~~",.~~~W-$-, QF ecto r, S i ka r
%$$:g,, +g %y&:%4%wqF&.;;c::$$rY %z ) 2;i;YZ.Pyi ' * %agqecr;'Fh%$ +.?, Y~.:* Sm +<s 3% ge#,d,& a ,Xpv "q+"%$2::{%3 ,.p, ..,gbF
9& .... jAt& o ----Respondents
-- - ,$2iib ee3$&9z$5%+g;g;.i-5-f&{;$~~~3' ?# %f$y e %e#'!:e, lp ,, . , ,.%fat , l % 3:,, '%. $~%2 .: %.$% .>$,,Pd:$<
&$$-%%;%, &.$ - F-,l%?&'? f99<Bya;@;;xp< * ,." " *"% ,r .$'a; -. .ii " xs m
) 4, % k +47, "a .cp.. $,g . .. s, . .. fkwj; we?, w
For Appellant(s) j+-2Mr.i& q' .,% .. .a-r #. v &d 5e Ph 2 >: aar:m &,.A;? a
EJ ppp,J"; .' ,<, .*; .a- ". 1
For Respondent(s) .irM r. Rg:k@:l ys~d;gpwa I

¶8

Learned counsel for the appellant seeks permission to withdraw this appeal with a liberty to file an application under Orc!er 39 Rule 4 CPC before the trial court.

¶9

Appeal is dismissed as withdrawn with the libercy aforesaid, The trial court is directed to decide the suit expeditiously but not later than one year from the date of receipt of certified copy of this order.

[CMA-3501/2017]

(2 of 2)

A / 9

It is submitted by learned counsel for the respondents-

¶15

/ plaintiffs that in pursuance of order dated 12/12/2018, necessary stamps in the name of appellant defendant was purchased by respondents plaintiffs for executing the sale deed.

¶16

'
As the sale deed has not been executed by the appellant-
defendant, therefore, the respondents-plaintiffs are entitled .to
refun,$ the amount of said stamp papers. Thus, the liberty may be
4 f%. J= sry&,
granted to the resp.n"~~~n~s'p!Iantiffs:~~~~~~ge~an application in this
"&., 3- &.+ - 4 8 <&>
idj Y "
regard. ?$$+w *%-a f?
dh
-r 3
The libe?ty 'air as sought for is granted.
fly
@'"""'
9 (PRAKASH GUPTA),J

Hanuman Prasad v. Vikas Butolia and Ors.

Case brief

What is this about?

What did the court decide?

Hanuman Prasad v. Vikas Butolia and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Reliance General Insurance Co. Ltd. Vs Smt Indra Devi and Ors.

Patel Nagar Grah Nirman Sahakari Samiti Vs Roopa and Ors.

National Insurance Co. Ltd. Vs Smt Geeta Devi and Others

Jen P H E D Ajmer and Ors. Vs Shakoor and Ors.

Sartauddin Vs Pratap Singh and Ors.

Pramila Devi W/O Narendra Kumar Vs Raju Singh Son of Goma Singh