Appellant in civil second appeal withdrew the appeal and the underlying suit during arguments. Court allowed withdrawal and dismissed the appeal with liberty to initiate fresh proceedings if necessary.
Appeal dismissed; civil suit dismissed as withdrawn; liberty granted to file fresh proceedings.
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[2024:RJ-JP:10942]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Second Appeal No. 285/2020
Zainab Bano D/o Mohammad Salim, Aged About 20 Years, R/o Mohalla Teliyan, Saddam Chauk, Ward No. 29, Fatehpur, Sikar (Raj.)
----Appellant
Versus
Mohammad Husain S/o Abbas, Ward No. 26, Fatehpur Shekhawati District Sikar, At Present R/o Saiyadwadi Vatva, Ahmedabad (Guj.)
----Respondent
| For Appellant(s) | : Mr. Asgar Khan with |
|---|---|
| Mr. Zunaid Khan | |
| For Respondent(s) | : Mr. Ravindra Kumar Paliwal |
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
04/03/2024
Instant second appeal is preferred aggrieved from judgment dated 19.10.2020 in Civil Regular Appeal No.25/2019 passed by learned Additional District Judge, Fatehpur, District Sikar whereby appeal preferred by respondent-defendant was allowed and judgment and decree in favour of present appellant-plaintiff dated 30.07.2019 in Civil Suit No.7/2019 passed by learned Civil Judge, Fatehpur Shekhawati, District Sikar was set aside.
During course of arguments, learned counsel for appellantplaintiff agreed to withdraw the instant appeal along with civil suit with liberty to file fresh proceeding before the appropriate forum to assail the cause as agitated by plaintiff.
Learned counsel for respondent have no objection.
[2024:RJ-JP:10942]
[CSA-285/2020]
(2 of 2)
Having considered aforesaid, the prayer is allowed and the appeal is dismissed with liberty as aforesaid. Appellant is also permitted to withdraw the civil suit, hence, the civil suit is dismissed as withdrawn. Appellant is free to file appropriate proceeding before the competent forum.
Misc. application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J
Arun/22
Zainab Bano
Mohammad Husain
Ashok Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
