Dakhu Devi vs Lrs Of Late Rewashankar And Others

Rekha Borana, J

In the present appeal, an application has been preferred on behalf of the appellant Dakhu Devi seeking a permission to withdraw the present appeal.

An application under Order I Rule 10 of the Code of Civil Procedure was also preferred on behalf of applicant Uttam Kumar for impleadment in the present appeal. However, subsequently, an application to withdraw his application for impleadment has been filed with a submission that he has entered into a compromise with the parties and hence, does not want to be impleaded.

In view of the subsequent application filed on behalf of Uttam Kumar, the earlier application under Order I Rule 10, CPC is permitted to be withdrawn.

Both the applications stand disposed of.

An application under Order XXII Rule 10 A, CPC r.w. under Order I Rule 10, CPC has also been filed on behalf of legal representatives of respondent No.1/2 Rajendra Prasad with a submission that Rajendra Prasad had expired on 04.01.2019 and his legal representatives have not been impleaded in the present appeal. Therefore, they be impleaded in the present appeal.

The application is allowed. The legal representatives of respondent No.1/2 Rajendra Prasad are permitted to be impleaded as party respondents.

The amended cause title as filed is taken on record.

Coming on to the application as preferred on behalf of the appellant Dakhu Devi for withdrawal of the present appeal. Admittedly, vide the impugned judgment and decree, the shares of the plaintiff Rewa Shanker and the defendant Pukh Raj had been declared to be half share each. No appeal against the impugned judgment and decree has been preferred by legal representatives of Rewa Shanker. The present appeal has been filed by Dakhu Devi, wife of Pukh Raj (defendant No.1).

Therefore, in the opinion of this Court, if the present appellant is permitted to withdraw the present appeal, the withdrawal of the same would definitely, not in any manner, affect the rights of the legal representatives of Rewa Shanker. So far as the legal representatives of the defendant Pukh Raj are concerned, counsel appearing for them specifically submit that they have no objection, if the present appeal is permitted to be withdrawn as a settlement has been arrived at between all the legal representatives of the deceased Pukh Raj.

In view of the above facts, the permission as prayed for withdrawal of the appeal by the present appellant is granted. The present appeal is therefore, dismissed as withdrawn.

All the pending applications also stand dismissed.