The High Court dismissed an appeal for want of prosecution after the appellant could not provide instructions. The order also disposed of all pending applications including the stay petition.
Appeal dismissed for want of prosecution; stay petition and all pending applications disposed of.
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[2023/RJJD/007418]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil First Appeal No. 994/2011
Anju Baweja D/o Bhagwan Das Baweja, B/c Arora, R/o D-10 Ganesh Marg, Bapu Nagar, Jaipur
----Appellant
Versus
1/1. Subhash Vig S/o Bishambhar Nath Vig B/c Arora, R/o 62, F Block Sri Ganganagar
1/2. Smt. Shashi D/o Bishambhar Nath Vig W/o Bhagwan Das B/c Arora, R/o Sagar Video Library, Ravindrapath, Sri Ganganagar.
2/2. Smt. Madhu Panwar D/o Sh. Bhagwan Das Arora (deceased) through LR’s
2/2/1 Hariram Panwar S/o Chunnilal B/c Panwar
2/2/2 Anshuman Panwar S/o Dr. Hariram B/c Panwar
2/2/3 Anuraag Panwar S/o Dr. Hariram B/c Panwar
2/2/4 Anupam Panwara S/o Dr. Hariram B/c Panwar R/o of 27, Shastri Nagar, Sri Ganganagar
----Respondents
For Appellant(s) : Mr. S.L. Jain For Respondent(s) : Mr. Narendra Thanvi
[2023/RJJD/007418]
[CFA-994/2011]
(2 of 2)
HON'BLE MS. JUSTICE REKHA BORANA
Order
27/03/2023
On 16.02.2021, learned counsel for the appellant had made a submission that the dispute has been settled mutually between the parties and he prayed for time to complete his instructions/to file appropriate application for the purpose. The said application has not been filed till date.
Learned counsel for the appellant today has placed on record notice dated 10.03.2021 served by him on the appellants for instructions to withdraw the present appeal. He submits that no response on the said notice has been received by him. He therefore, pleads ‘no instructions’.
In view of the above facts, it seems that as the matter has been settled between the parties, the appellants are not interested further in pursuing the present appeal.
The present appeal is therefore dismissed for want of prosecution.
The stay petition and all the pending applications stand disposed of.
(REKHA BORANA),J
36-T.Singh/-
2 issues framed by the court
Whether an appeal can be dismissed for want of prosecution where the appellant claims lack of instructions due to a settled dispute.
What is the appropriate disposition of pending applications when the primary appeal is dismissed for want of prosecution.
Anju Baweja
Shanti Devi
Subhash Vig
Smt. Shashi
Kamla Rani
Smt. Madhu Panwar
Rekha Borana
As recorded by the court registry
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