High Court allowed withdrawal of an appeal under Order 23 Rule 1 CPC and Section 151 CPC after applicants agreed to a compromise with respondents, dismissing the appeal as withdrawn.
Application for withdrawal allowed; appeal dismissed as withdrawn; stay and other pending applications dismissed accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil First Appeal No. 54/2020
----Plaintiffs-Appellants
Versus
| For Appellant(s) | : Dr. Shivendra Singh Rathore, Advocate |
|---|---|
| For Respondent(s) | : Mr. Dhanraj Bhaskar, Advocate |
(2 of 2)
[CFA-54/2020]
HON'BLE MR. JUSTICE PRAKASH GUPTA
Order
14/12/2021
Application No. 1/2021 dated 29.09.2021
Learned counsel for the applicants-appellants does not want to press the application under Section 151 CPC for withdrawal of the appeal.
The application is dismissed as not pressed.
Application No. 2/2021 dated 01.12.2021
Matter comes up on an application (2/2021) under Order 23 Rule 1 CPC read with Section 151 CPC for withdrawal of the present appeal.
Learned counsel for the applicants/appellants submits that both the parties have entered into a compromise and all the disputes between them have been settled amicably. He further submits that in this view of the matter, now the applicants/appellants does not want to pursue the present appeal and wants to withdraw the same.
Learned counsel for the respondents does not oppose
the same.
For the reasons mentioned in the application, the application is allowed and the appeal is dismissed as withdrawn.
Consequent upon the dismissal of the appeal, the stay application and all other pending applications, if any, also stand dismissed accordingly.
(PRAKASH GUPTA),J
Mohit-65
1 issue framed by the court
Whether the appeal can be withdrawn upon a compromise between parties under Order 23 Rule 1 CPC read with Section 151 CPC?
2 provisions across 2 enactments
Bhagoti Devi W/o Chiranjilal D/o Jhabarmal
Kamla Devi W/o Puranmal D/o Jhabarmal
Sanwarmal S/o Jhabarmal
Mahesh Kumar S/o Maliram
Pushpa Devi W/o Vinod Kumar
Sarita Devi D/o Girdhari W/o Ramotar
Prakash Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
