[2025:RJ-JP:38940] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 469/2002 Shafiq Ahmed S/o Shri Akhalq Ahmed, R/o Quarter No.600-A, Railway Colony, Gangapur City. ----Defendant/Appellant Versus 1. The Bank of Rajasthan Limited, Branch Mahu Kallan, Tehsil Gangapur City – through its Branch Manager, The Bank of Rajasthan Limited, Mahu Kalan. ----Plaintiff/Respondent 2. Prem Singh S/o Shri Hukam Singh, ELF Grade-I, Loco Shed, Gaganpur City, Quarter No.604 L/B, Railway Colony, Gangapur City. 3. Jagdattar Singh S/o Shri Kishan Singh, R/o Quarter No.665-A, Railway Colony, Gangapur City. ----Proforma-Respondents For Appellant(s) : Mr. Shailesh Prakash Sharma For Respondent(s) : Mr. Namish Nigotia with Mr. Rakesh Kumar Mr. Sohan Singh for Mr. Arvind Gupta HON'BLE MR. JUSTICE GANESH RAM MEENA Order 20/09/2025 1. An application (IA No.1/2025) has been filed by the plaintiff/decree holder under Order 23 Rule 1 CPC read with Section 151 CPC for withdrawal of the original claim/suit in view of the fact that the applicant/respondent-plaintiff/Bank has write off the account of the defendant/appellant and waived the decreetal amount. 2. The present appeal has been filed by the defendant/appellant against the judgment and decree dated 16.08.2002 passed by the learned Additional District Judge, Gangapur City in Civil Suit [2025:RJ-JP:38940] (2 of 2) [CFA-469/2002] No.6/1999 whereby, the suit of the plaintiff-respondent/applicant was decreed for an amount of Rs.61,393/- after making deduction of Rs.7,500/- of subsidy of FDR with interest. 3. Learned counsel appearing for the respondent- plaintiff/decree holder submits that since the Bank has write off the amount of the defendant/appellant and waived the decreetal amount, the plaintiff/respondent was to withdraw original claim/suit. 4. Having regard to the submissions made by counsel for the respondent-plaintiff/decree holder/Bank and the reasons mentioned in the application, the Court deems just and proper to allow the application No.1/2025. 5. Accordingly, the present application No.1/2025 is allowed. The plaintiff/applicant is allowed to withdraw the original claim/suit. 6. As of result of withdrawal of original claim/suit by the plaintiff-respondent/decree holder, the impugned judgment and decree dated 16.06.2002 passed by the learned Additional District Judge, Gangapur City in Civil Suit No.6/1999 is also set aside. 7. Consequently, the present first appeal is dismissed. 8. Stay application as well as pending application, if any, also stands disposed of. (GANESH RAM MEENA),J Ashish Kumar /37