HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil First Appeal No. 722/2006

Kailash Chand S/o Sh. Ishwari Prashad, r/o Mohalla Malakpara

Bari, Tehsil Bari, District Dholpur

----Appellant-Defendant

Versus

1. Harvilas s/o Sh. Anganlal, r/o Mohalla Tatapara Bari, Tehsil

Bari, District Dholpur

----Respondent-Plaintiff

2. Ramesh chand S/o Sh. Ishwari Prashad, r/o Mohalla

Malakpara Bari, Tehsil Bari, District Dholpur

….Profarma-respondent

Connected With

S.B. Civil First Appeal No. 159/2007

Harvilas s/o Sh. Anganlal, r/o Mohalla Tata pada, Town Bari,

District Dholpur

----Appellant-Defendant

Versus

1. Kailash Chand S/o Sh. Ishwari Prashad Vaishya, r/o Mohalla

Malakpada, Bari, District Dholpur

2. Ramesh chand S/o Sh. Ishwari Prashad Vaishya, r/o 58/56,

West Arjun Nagar, Near Khediya Mod, Agra (U.P.)

----Respondent-Defendants

For Appellant(s)

:

Mr. Raj Kamal Gaur

For Respondent(s)

:

Mr. J.P. Goyal, Sr. Adv. with

Ms.Poonam Mishra (Appellant in

SBCFA No.159/2007)

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

07/07/2022

In both appeals, counsel for both parties jointly submit that

parties have enter into compromise out of court and in view of

that compromise both appeals may be dismissed as withdrawn.

(2 of 2)

[CFA-722/2006]

The application No.1/2022 under Order 23 Rule 1 CPC has

also been placed on record.

In appeal No.159/2007, the sole appellant-Harvilas has been

alleged to be passed away on 15.05.2022, hence an application

has been filed praying that the factum of death may be taken on

record and his legal representatives named in the application may

be allowed to be substituted.

The counsel for respondents has no objection, if the same is

allowed.

Amended cause title enclosed with the application is taken

on record.

Having considered the contention of learned counsel for both

parties.

Both first appeals are allowed to be withdrawn, hence the

same are dismissed as withdrawn.

All pending application(s), if any, stand(s) disposed of.

(SUDESH BANSAL),J

TN/100-101