Held the civil appeal in a partition suit to be dismissed as withdrawn because the appellant and respondent filed an application for withdrawal supported by a deed of settlement recorded by the Court. The appeal was disposed of without adjudication on merits.
The appeal is dismissed as withdrawn. The withdrawal application is disposed of.
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[2023/RJJD/005922]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil First Appeal No. 544/2006
Kanhaiya Lal S/o late Devi Sing Rajput aged about 58 years, R/o Maldas Street, Mehtaji Ji Khidki, Udaipur.
----Appellant
Versus
3/1. Shri Shyam Sundere S/o Shri Sukh Lal R/o Chandpole, Udaipur
3/2. Santu Bai D/o late Sukh Lal Wd/o Ramesh Chandra R/o Chandpole, Udaipur
3/3. Narbada Bai D/o late Sukh Lal W/o Roop Singh R/o Sector No.11, Udaipur
3/4. Vidhya D/o late Sukh Lal W/o Khokhar Rajput R/o Indore (M.P.), presently Chandpole, Udaipur.
----Respondents
| For Appellant(s) | : Mr. |
Kanhaiya Lal |
|---|---|---|
| For Respondent(s) | : Mr. |
Mohan Lal |
HON'BLE MS. JUSTICE REKHA BORANA
Order
21/02/2023
Appellant Kanhaiya Lal as well as respondent No.1-Mohan Lal are present in person before the Court. They submitted that a settlement has been arrived into between them and therefore, an application for withdrawal of the present appeal has been preferred. The copy of the settlement as entered into between them has also been supplied to the Court today which has been taken on record.
[2023/RJJD/005922]
[CFA-544/2006]
A perusal of the record shows that the present appeal has been filed against the judgment and final decree dated 18.03.2006 whereby the suit for partition as preferred by the plaintiff has been decreed and the partition by metes and bounds has been directed. It is also clear on record that defendant No.3Smt. Shanta Devi, sister of the appellant as well as respondent No.1, had released her share in favour of the plaintiff-Mohan Lal and the same had also been considered by the Court below.
In view of the above facts, as the parties have entered into an amicable settlement, the present appeal is permitted to be withdrawn.
Therefore, the appeal is dismissed as withdrawn.
The application for withdrawal of the present appeal stands disposed of.
(REKHA BORANA),J
42-T.Singh/-
2 issues framed by the court
Whether to allow the withdrawal of the appeal entered into by mutual settlement.
Whether the appeal should be dismissed as withdrawn upon deposition of the settlement.
1 provisions across 1 enactments
Kanhaiya Lal
Mohan Lal
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
