Partly allowed

Mohammed Rafique v. Lrs of Late Smt Jaitoon

Rajasthan HC8 Aug 2023CFA/479/2019

Case brief

AI extract

What is this about?

In S.B. Civil First Appeal No. 479/2019, the High Court of Rajasthan at Jodhpur examined an application seeking permission to withdraw the appeal based on a compromise reached before the executing court and granted relief for the withdrawal.

What did the court decide?

Permission to withdraw the appeal granted; appeal dismissed as withdrawn; court fee ordered to be refunded to appellants.

Mohammed Rafique Vs Lrs of Late Smt Jaitoon — Execution and Attachment | Rajasthan HC (2023)

¶1

[2023:RJ-JD:25197]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil First Appeal No. 479/2019

¶4

Mohammed Rafique S/o Late Shri Mohammed Saddique, Aged About 64 Years,

¶5

Mohammed Sharif S/o Late Shri Mohammed Saddique, Aged About 52 Years,

¶6

Mohammed Amin S/o Late Shri Mohammed Saddique, Aged About 46 Years, All the appellants are B/c Musalman,teli, R/o Village Banad, In Front Of Samrathal School, Bhopalgarh Road, Tehsil and District Jodhpur.

¶7

----Appellants

¶8

Versus

¶9

Lrs Of Late Smt Jaitoon, W/o Late Shri Jamaluddin

¶10

1/1. Smt. Najma W/o Mohd. Sayeed, B/c Musalman, R/o Somani College, Road, Rajeev Gandhi Colony, Jodhpur.

¶11

1/2. Smt. Mariyam W/o Mohd. Raffique, B/c Musalman, R/o Hathiram Ka Oda, Jodhpur.

¶12

Salauddin S/o Late Shri Jamaluddin,

¶13

Islamuddin S/o Late Shri Jamaluddin, 4. Jakir Hussain S/o Late Shri Jamaluddin, 5. Sarajuddin S/o Late Shri Jamaluddin, 6. Abdul Khalik S/o Late Shri Jamaluddin, Respondents No.2 to 6 are B/c Musalman, R/o Teliyon Ka Mohalla, Inside Nagori Gate, Jodhpur.

¶14

----Respondents

¶15

For Appellant(s) : Mr. Prateek Surana For Respondent(s) : Mr. C.S. Kotwani

¶16

HON'BLE MS. JUSTICE REKHA BORANA Order

¶17

08/08/2023

¶18

An application has been preferred on behalf of the appellants with the submission that the parties have entered into a compromise before the Executing Court and the execution

[2023:RJ-JD:25197]

[CFA-479/2019]

(2 of 2)

proceedings has also been disposed of in terms of the compromise. In view of the same, permission to withdraw the present appeal has been prayed for.

¶23

The permission as prayed for is granted.

¶24

Accordingly, the present appeal is dismissed as withdrawn.

¶25

Learned counsel for the appellants prayed that the Court fee as filed along with the present appeal be directed to be returned to him.

¶26

In view of the fact that the appeal is being withdrawn in terms of the compromise, the prayer as made is allowed. The Court fee is ordered to be refunded back to the appellants. The certificate in this regard be issued by the Registry to learned counsel for the appellants.

¶27

The stay petition as well as all pending applications also stand dismissed.

¶28

(REKHA BORANA),J

¶29

69-KashishS/-

Mohammed Rafique v. Lrs of Late Smt Jaitoon

Case brief

What is this about?

What did the court decide?

Mohammed Rafique v. Lrs of Late Smt Jaitoon

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

J.K.Cement Ltd. Vs Mohd.Hussain

Smt Nausar Vs Smt Ramu Devi and Ors.

Meghraj and Ors. Vs Babu Lal and Ors.

Pokhar Vs Devkaran

Kuriya Vs Gautam

Vijai Singh Vs Lrs of Bherulal