HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 399/2004 Satya Narain, Son of Late Shri Bhanwarilal @ Bhonrilal, Resident of House No. 203, Dhabaiji-ka-Rasta, Chowkri Ram Chandra, Ramganj Bazar, Jaipur Deceased Through Legal Representative. 1/1 Smt. Anjana Agarwal, Wife of Late Satya Narain 1/2 Nikhil Agarwal Son of Late Satya Naraian 1/3 Abhishek Agarwal Son of Late Satya Narain 1/4 Ashutosh Agarwal Son of Late Satya Narain All Resident of House No. 203, Dhabaiji-ka-Rasta, Chowkri Ram Chandra, Ramganj Bazar, Jaipur ----Appellant-Defendant No.3 Versus 1. Shyam Sunder, Son of Late Shri Bhanwarlal @ Bhonrilal. 2. Bhagwan Das, Son of Late Shri Bhanwarlal @ Bhonrilal 3. Man Mohan, Son of Late Shri Bhanwarlal @ Bhonrilal All Residents of House No. 203, Dhabaiji-ka-Rasta, Chowkari Ram Chandra, Ramganj Bazar, Jaipur. ----Respondents-Defendants No. 1, 2 & 4 4. Jugal Kishore, Son of Late Shri Bhanwarlal @ Bhonrilal (Since Deceased) ----Defendant No. 1. Through Legal Representatives : 4/1. Smt. Geeta Devi Widow of Late Shri Jugal Kishore 4/2. Rakesh Agarwal Son of Late Shri Jugal Kishore Both Are Resident of Residents Of House No. 203, Dhabaiji-ka-Rasta, Chowkari Ram Chandra, Ramganj Bazar, Jaipur. 4/3. Neha Wife of Chandra Prakash, Resident of Plot No. Moti Doongari Raod, Jaipur. 4/4. Sweta Wife of Shyam Modi, Resident of Plot No. Near Deshara Kothi, Amer Road, Jaipur. 5. Ramavatar, Son of Late Shri Bhanwarilal @ Bhonrilal, Resident of House No. 203, Dhabaiji-ka-Rasta, Chowkari Ram Chandra, Ramganj Bazar, Jaipur. ----Defendant No. 2. 6. Smt. Gaindibai (Deceased) ----Defendant No. 4. Through Legal Representative 6/1 Smt. Saroj Devi Widow of Late Shri Brij Kishoreji, Daughter of Late Shri Bhanwarlal @ Bhonrilal, Resident of Plot No. 45, Nehru Nagar, Sanjay Colony, Shastri Nagar, Jaipur. 6/2 Smt. Shakuntala Wife of Shri Kaluramji, Daughter of Late Shri Bhanwarlal @ Bhonrilal, Resident of Kawantio- ka-Khura, Near Palsania House, Ramganj Bazar, Jaipur. (2 of 3) [CFA-399/2004] For Appellant(s) : Mr. L. L. Gupta Mr. Lakshay Sharma For Respondent(s) : Ms. Kalpana for Mr. Laxmikant HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 16/04/2026 (I.A No.2/2026) 1. Matter comes upon an application (I.A No.2/2026) filed under Order 22 Rule 3 for bringing the legal heirs of the appellant- Satya Narain who died on 10.07.2022 and for setting aside the abatement of appeal and for condonation of delay under Section 5 of the Limitation Act in filing this application. 2. Learned counsel for the appellant submits that the appeal was filed by appellant- Satya Narain who died on 10.07.2022 and the legal representatives of the deceased appellant were not aware of the factum of this appeal. 3. Ms. Kalpana, Adv. puts in appearance on behalf of respondent Nos.4/1 to 4/4. 4. Learned counsel for the respondents has no objection to the submissions made by learned counsel for the appellant. 5. Heard on application. 6. For the reasons mentioned in the application, the same is allowed and the legal heirs mentioned in Para 4 of this application is ordered to be taken on record and delay in filling this application is condoned and abatement of the appeal is set aside. Amended cause title is also ordered to be taken on record. (3 of 3) [CFA-399/2004] (I.A No.1/2026) 1. Matter comes upon an application (I.A No.1/2026) filed under Order 23 Rule 1 read with Section 151 of CPC for withdrawal of the appeal. 2. Learned counsel for the appellant submits that during pendency of the appeal, the parties have arrived at compromise and settled their dispute amicably out of the Court, therefore, the appellant does not want to press the present appeal and seeks permission to withdraw the same. 3. Learned counsel for the respondent has no objection to the submissions made by learned counsel for the appellant. 4. Heard on application. 5. For the reasons mentioned in the application, the same is allowed in view of the compromise arrived at between the parties. 6. Permission sought for is granted. 7. Accordingly, the appeal is dismissed as withdrawn. 8. Pending application(s), if any, shall stand disposed of. (ASHUTOSH KUMAR),J TANISHA /60