Appellant sought permission to withdraw the first appeal with liberty to pursue a related civil suit for specific performance in a separate appeal. The court dismissed the appeal as withdrawn with liberty.
First appeal No. 206/1990 dismissed as withdrawn with liberty to pursue specific performance claim in civil first appeal No. 362/2000.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil First Appeal No. 206/1990
Gulabi Nagar Grah Nirman Sahakari Samti Limited Ramganj Bazar, Jaipur through its authorized member Faemuddin son of Abdul Haq, Resident of Jai Singh Nagar, Plot No.120, Delhi Road, Jaipur.
----Appellant-Plaintiff
Versus
Ajay Choudhary son of Shri Moti Lal Choudhary, resident of Beed Khatipura, Quice Road, Ajmer, Jaipur.
----Respondent-defendants
For Appellant(s) : Mr. M.M. Ranjan Sr. Adv. with Mr. Daulat Sharma For Respondent(s) : Mr. Ravi Kant Sharma
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
12/07/2022
Appellant-plaintiff has filed this first appeal, feeling aggrieved by dismissal of his civil suit No.14 of 1981 for permanent injunction vide judgment and decree dated 14.12.1989. Thereafter, plaintiff has instituted another civil suit No.27/1981 for specific performance in relation to the subject land.
Counsel for appellant-plaintiff seeks permission to withdraw this first appeal with liberty to pursue the plaintiff's claim for specific performance in the civil first appeal No.362/2000.
Counsel for respondent has no objection to the same.
In view of above, the first appeal No.206/1990 is dismissed as withdrawn with aforesaid liberty.
(SUDESH BANSAL),J
NITIN /104
Gulabi Nagar Grah Nirman Sahakari Samti Limited
Ajay Choudhary
Sudes Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
