Rajasthan High Court allowed withdrawal of second appeal in landlord-tenant dispute where appellants handed over vacant possession. Appeal dismissed as withdrawn.
Withdrawal of second appeal allowed. Second appeal and stay petition dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/006714]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Second Appeal No. 65/2019
(2 of 3) [CSA-65/2019]
[2023/RJJD/006714]
Prajapat, R/o Bayatu Bhopaji, Tehsil Bayatu, District Barmer.
----Appellants
Versus
Bherulal Mishrimal Daga Joint Hindu Family, through Head of Joint Hindu Family Bherulal S/o Mishrimal, B/c Oswal, R/o Bayatu Bhopaji, Tehsil Bayatu, District Barmer. At Present Balotra, Tehsil Pachpadra, District Barmer.
----Respondent
| For Appellant(s) | : Mr. Sambhuram Son of Late |
|---|---|
| Damaram, appellant No.4 is present | |
| in-person | |
| For Respondent(s) | : Nonepresent |
HON'BLE MS. JUSTICE REKHA BORANA
Order
16/03/2023
In the present matter, an application for withdrawal of the present appeal was preferred by the appellants on 28.06.2022. On 15.02.2023, when the matter was listed before the Court for orders on the said application, learned counsel for the appellants submitted that he was not aware of the contents of the said application and prayed for time to complete his instructions. Therefore, the matter was directed to be listed on 16.03.2023 i.e. today.
Today, Mr. Sambhuram son of Late Damaram (appellant No.4) is present in person and he submits that the vacant possession of the rented premises has been handed over by the appellants to the respondent-Landlord and therefore, the
[2023/RJJD/006714]
[CSA-65/2019]
(3 of 3)
appellants do not wish to pursue the present second appeal further.
In view of the submission made by the party present in person and in view of the submissions made in the application, the same is allowed.
The present second appeal is therefore, dismissed as withdrawn.
The stay petition and all pending applications also stand dismissed.
(REKHA BORANA),J
43-Sachin/-
LRs of Damaram & Others
Bherulal Mishrimal Daga Joint Hindu Family
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
