[2025:RJ-JP:41512] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 1449/2025 Smt. Usha W/o Veeri Singh, R/o Village Chiksana, Tehsil And District Bharatpur. ----Appellant Versus 1. Narendra Kumar S/o Shri Ramswaroop, R/o Chiksana, At Present C-1156, Block C-Sangam Bihar South, Delhi. 2. Manoj Kumar S/o Sahab Singh, R/o Chiksana, Tehsil And District Bharatpur. 3. 3/1 3/2 3/3 3/4 3/5 Smt. Mundra W/o Mangturam, R/o Village Bachhamadi (Noh), Tehsil And District Bharatpur (Deceased). Agvendra S/o Mangaturam Jitendra S/o Mangaturam Dharmendra S/o Mangaturam All R/o Noh Bachhamadi, Tehsil & District Bharatpur Rameshwari SD/o Mangturam W/o Horilal, R/o Village Kailari, Tehsil Nadbai, District Bharatpur Mangturam S/o Shyamlal, R/o Village Noh, Bachhamadi, Tehsil & District Bharatpur 4. Prem Singh S/o Shyamlal, R/o Village Noh, Bachhamadi, Tehsil And District Bharatpur. ----Respondents For Appellant(s) : Mr. J.K. Moolchandani For Respondent(s) : Mr. L.L. Gupta HON'BLE MR. JUSTICE SUDESH BANSAL Order 10/10/2025 1. Instant First Appeal has been filed by and on behalf of the appellant-plaintiff challenging the judgment and decree dated 31.05.2025 passed in Civil Suit No.18/2023 by Additional District Judge No.2, Bharatpur, dismissing her suit for declaring the sale [2025:RJ-JP:41512] (2 of 2) [CFA-1449/2025] deed as mortgaged by conditional sale, and sale deed as null and void and for possession. 2. Counsel for the appellant-plaintiff submits that the principal ground for filing the suit for non-payment of the amount indicated in the document in question. However, during course of appeal, appellant has received the amount Rs.6,00,000/- (Rs. Six lacs) through D.D. and Rs.50,000/- in cash and in that view does not wish to continue the First Appeal and seeks permission to withdraw the same. 3. A separate application (I.A. No.1/2025) stating the factum of receiving the amount and an original compromise executed between the parties dated 04.10.2025 have also been filed on record. The original compromise is taken on record and in view of the above, application (I.A. No.1/2025) is allowed. 4. Counsel appearing on behalf of the respondents-defendants have no objection to withdraw the First Appeal. 5. Accordingly, the application is allowed and the present appeal stands dismissed as withdrawn. 6. Stay application and pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J pcg/39