The appellant sought permission to withdraw a second appeal following possession of the premises being handed over to the respondent. The Court granted permission, dismissing the appeal as withdrawn, and ordered the refund of court fees.
Permission to withdraw granted; appeal dismissed as withdrawn; court fees to be refunded.
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[2023/RJJD/004074]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Second Appeal No. 169/2022
Kanhaiyalal S/o Shri Ram Kishan, Aged About 82 Years, B/c Kothari, R/o Chandko Ki Gali, Damani Chowk, Bikaner.
----Appellant
Versus
Pushpa Devi W/o Manmohan, B/c Kothari, R/o 18 Main, 18 Cross, House No. 312, Near Udaya School, Vijay Nagar, Banglore. At Present Damani Chowk, Bikaner
----Respondent
For Appellant(s) : Mr. Jai Kishan Bhaiya For Respondent(s) : --
HON'BLE MS. JUSTICE REKHA BORANA Order
06/02/2023
Learned counsel for the appellant submits that in pursuance to the judgment and decrees passed by the learned Courts below, the possession of the premises in question has been handed over to the respondent-plaintiff. He therefore, seeks permission to withdraw the present second appeal.
The permission as prayed for is granted.
The present second appeal is therefore, dismissed as withdrawn. The Court fees as filed by the appellant be refunded to him in terms of law.
The stay petition and all pending applications also stand dismissed.
(REKHA BORANA),J
73-Sachin/-
Kanhaiyalal S/o Shri Ram Kishan
Pushpa Devi W/o Manmohan
Rekha Borana
As recorded by the court registry
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