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Judgment
10 paragraphs · 393 wordsSushil Kukreja, J
CMP No.25846 of 2024
The present application under Order 23 Rule 1 read with Section 151 of the Code of Civil Procedure has been filed by the applicants/appellants for withdrawing the present appeal unconditionally.
It has been averred in the application that during the course of the proceedings in the instant appeal, the parties to lis have arrived into an amicable settlement and in terms of the aforesaid settlement, a sum of Rs.2,00,000/- would be paid by the respondent to the appellants and upon the payment of the said amount, the appellants shall withdraw the present appeal unconditionally and shall forego all their rights as claimed by them in the suit and under the agreement dated 30.06.2005. It has further been averred in the application that in furtherance of the said settlement, respondent has prepared a Demand Draft bearing No.807895, dated 16.12.2024 from the State Bank of India Deoghat, District Solan, H.P. in favour of appellant No.2, for a sum of Rs.2,00,000/- and since, the parties have amicably resolved the dispute involved in the appeal and there is no other claim left, it is,therefore, prayed that the appellants may be permitted to unconditionally withdraw the present appeal and a direction may also be issued to remove the red entry note as made in the record of rights by the revenue agency pursuant to the order dated 09.04.2014, passed by this Court in CMP No.4593 of 2014.
Learned counsel for the respondent stated that he has no objection, in case, the present application is allowed. In terms of the settlement, he has also handed over a Demand Draft bearing No.807895, dated 16.12.2024 in the sum of Rs.2,00,000/- to appellant No.2, Sanjeev Aggarwal in the Court today.
Hence, in view of the facts and circumstances of the present case as well as in view of the settlement arrived inter se parties, the present application is allowed and the appellants are permitted to withdraw the present appeal.
Application stands disposed.
RSA No.142 of 2014
In view of the order passed in the aforesaid application, the present appeal is dismissed as withdrawn. Interim order dated 09.04.2014 stands vacated. The concerned revenue agency is directed to remove the red entry appearing in the record of rights with respect to the suit property.
Pending application(s), if any, shall also stand disposed of.