The Single Bench allowed an appellant to withdraw an execution first appeal with liberty to file objections before the executing court under the correct provision, dismissing the appeal and stay petition as withdrawn.
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[2023/RJJD/009848]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Execution First Appeal No. 1/2023
Tarvender Singh S/o Sh. Sukhdev Singh, Aged About 27 Years, Resident of Chak 23 GG, Tehsil and District Sri Ganganagar.
----Appellant
----Respondents
| For Appellant(s) | : Mr. |
Aman Bishnoi for |
|---|---|---|
| Mr. | C.S. Kotwani | |
| For Respondent(s) | : -- |
HON'BLE MS. JUSTICE REKHA BORANA
Order
13/04/2023
Learned counsel for the appellant seeks permission to withdraw the present appeal with a liberty to move an appropriate application before the executing Court under the correct provisions. He submits that inadvertently, Objections under Order XXI Rule 97, CPC had been preferred before the executing Court whereas the same ought to have been under Order XXI Rule 58, CPC. He therefore, prays to withdraw the present appeal with liberty to move before the executing Court.
In view of the submissions made, the prayer as made is granted. Learned counsel is permitted to withdraw the present appeal with the liberty as aforesaid. However, it is clarified that the learned Executing Court would be at liberty to decide the
[2023/RJJD/009848]
[EXFA-1/2023]
(2 of 2)
Objections, if any, preferred by the appellant in accordance with law.
The present appeal is therefore, dismissed as withdrawn.
The stay petition also stands dismissed.
(REKHA BORANA),J
22-Sachin/-
Tarvender Singh
Durgaprasad
Sukhdev Singh
Rekha Borana
As recorded by the court registry
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