Short order where the High Court allowed both civil first appeals to be withdrawn following an out-of-court compromise and dismissed them as withdrawn upon recognizing an application for withdrawal.
Both appeals were dismissed as withdrawn; pending application disposed of.
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. 722/2006
Kailash Chand S/o Sh. Ishwari Prashad, r/o Mohalla Malakpara Bari, Tehsil Bari, District Dholpur
----Appellant-Defendant
Versus
----Respondent-Plaintiff
….Profarma-respondent
Connected With
S.B. Civil First Appeal No. 159/2007
Harvilas s/o Sh. Anganlal, r/o Mohalla Tata pada, Town Bari, District Dholpur
----Appellant-Defendant
Versus
----Respondent-Defendants
| For Appellant(s) | : Mr. Raj Kamal Gaur |
|---|---|
| For Respondent(s) | : Mr. J.P. Goyal, Sr. Adv. with |
| Ms.Poonam Mishra (Appellant in SBCFA No.159/2007) |
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
07/07/2022
In both appeals, counsel for both parties jointly submit that parties have enter into compromise out of court and in view of that compromise both appeals may be dismissed as withdrawn.
(2 of 2)
[CFA-722/2006]
The application No.1/2022 under Order 23 Rule 1 CPC has also been placed on record.
In appeal No.159/2007, the sole appellant-Harvilas has been alleged to be passed away on 15.05.2022, hence an application has been filed praying that the factum of death may be taken on record and his legal representatives named in the application may be allowed to be substituted.
The counsel for respondents has no objection, if the same is allowed.
Amended cause title enclosed with the application is taken on record.
Having considered the contention of learned counsel for both parties.
Both first appeals are allowed to be withdrawn, hence the same are dismissed as withdrawn.
All pending application(s), if any, stand(s) disposed of.
(SUDESH BANSAL),J
TN/100-101
1 provisions across 1 enactments
Kailash Chand S/o Sh. Ishwari Prashad
Ramesh chand S/o Sh. Ishwari Prashad
Harvilas s/o Sh. Anganlal
Sudes Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
