HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 474/2009 Babu Lal son of Shri Ram Chandra, aged about 48 years resident of Civil Lines, Alwar ----Appellant/Defendant Versus 1. Om Prakash son of Late Shri Rameshwar Dayal, aged about 62 years, House No.306, Shankar Dayal road, Chowk Pratap Garh, Uttar Pradesh ----Plaintiff/Respondent 2. Ganehi Lal (since deceased) through his legal heirs- 2/1 Rachina Khandelwal w/o Ganeshi Lal 2/2 Deepak Khandelwal s/o Ganeshi Lal 2/3 Balanuj Khandelwal s/o Ganeshi Lal All resident of 2/589, Kala Kua, Housing Board, Alwar Rajasthan 3. Kailash son of Shri Ganga Bux, resident of Civil Lines, Alwar 4. Smt. Mithlesh widow of Late Shri Mukut Khandelwal, aged about 42 years 5. Manish son of Shri Mukut, aged about 25 years 6. Manoj son of Shri Mukut, aged about 20 years No.4 to 6 are residents of 130, Scheme No.4, Alwar For Appellant(s) : Mr. Aayush Goyal For Respondent(s) : Mr. Anil Jain with Mr. Udit Sapra HON'BLE MR. JUSTICE MANEESH SHARMA Order 09/03/2026 1. Learned counsel for the appellant submits that despite best of the efforts and writing of letters, the present appellant has not (2 of 2) [CFA-474/2009] given instructions and in the absence thereof, the learned counsel is unable to argue the case. 2. In view of the submissions made by the learned counsel for the appellant, the present first appeal is dismissed for want of prosecution. However, the appellant is at liberty to move for revival of appeal in case any cause of action still survives. 3. In terms of the letter dated 31.01.2026, let record of the case be sent back to the learned Trial Court. 4. All other pending application(s), if any, stand disposed of. (MANEESH SHARMA),J PRATEEK/15