The High Court allowed an application to take legal heirs on record under Order 22 Rule 3 CPC regarding appellant No. 1. Subsequently, the second appeal was dismissed as withdrawn by the appellants after out-of-court settlement.
1. Application for taking legal heirs on record allowed. 2. Second appeal dismissed as withdrawn.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Second Appeal No. 401/1998
----Appellants
Versus
Bundu Khan S/o Shri Mohammed Yusuf Khan, Phoota Khot, Karauli Deceased
----Respondent
For Appellant(s) : Mr. Akash Agarwal for Mr. B.L. Agarwal For Respondent(s) : Mr. Rahul Agarwal
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Judgment / Order
20/01/2021
In I.A. No. 1/2020:
Heard on application (I.A. No. 1/2020) filed under Order 22 Rule 3 CPC for taking the legal heir of appellant No. 1- Sharwan Lal on record.
(2 of 2)
[CSA-401/1998]
For the reasons stated in the application, the same is allowed and the legal heirs of appellant No.1-Sharwan Lal is taken on record.
Amended cause title already filed with the application is taken on record.
IN Appeal
Learned counsel for appellants submits that parties have settled their dispute out of Court and he wants to withdraw this appeal.
Learned counsel for the respondent does not controvert the statement made by counsel for the appellants.
In view of above, the second appeal is dismissed as withdrawn.
(GOVERDHAN BARDHAR),J
Ashu/16
2 issues framed by the court
Whether the application to take legal heirs on record under Order 22 Rule 3 CPC should be allowed.
Whether the second appeal can be withdrawn by the parties.
1 provisions across 1 enactments
Sharwan Lal S/o Shri Suraj Mal Sharma and Others
Bundu Khan S/o Shri Mohammed Yusuf Khan
Goverdhan Bardhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
