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2025 DAILYLAW 7133 (RAJ)

RAHEEM GANI ALIAS GHINGHINA S/O SHRI ABDUL GANI v. USMAN GANI S/O SHRI ABDUL GANI

CFA/163/2016 · 2025-01-28

Ashok Kumar Jain

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Judgment text

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[2025:RJ-JP:3964] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 163/2016 1. Raheem Gani Alias Ghinghina S/o Shri Abdul Gani, Aged About 65 Years, R/o Kundan Nagar, Ajmer (Deceased) 1/1. Shamsher Gani S/o Late Shri Rahim Gani, R/o Plot No. 310, Ward No. 45, Madar Tekri, Kundan Nagar, Ajmer. ----Appellants Versus 1. Usman Gani S/o Shri Abdul Gani, R/o 171 And At Present Residing At House No. 132, Near Pani Ki Tanki, Lohiya Colony, Sajjan Nagar, Udaipur City (Rajasthan) (Deceased) 1/1. Mukhtyar Gani Alias Shakir S/o Late Shri Usman Gani, .r/o House No. 132, Near Pani Ki Tanki, Lohiya Colon, Sajjan Nagar, Udaipur City (Rajasthan.) 1/2. Affaj Gani Alias Tasir S/o Late Shri Usaman Gani, .r/o House No. 132, Near Pani Ki Tanki, Lohiya Colon, Sajjan Nagar, Udaipur City (Rajasthan.) 1/3. Tasleem D/o Late Shri Usman Gani, .r/o House No. 132, Near Pani Ki Tanki, Lohiya Colon, Sajjan Nagar, Udaipur City (Rajasthan.) 1/4. Reshma D/o Late Shri Usman Gani, .r/o House No. 132, Near Pani Ki Tanki, Lohiya Colon, Sajjan Nagar, Udaipur City (Rajasthan.) 1/5. Sanno D/o Late Shri Usman Gani, .r/o House No. 132, Near Pani Ki Tanki, Lohiya Colon, Sajjan Nagar, Udaipur City (Rajasthan.) 1/6. Guddo Rani W/o Late Shri Usman Gani, .r/o House No. 132, Near Pani Ki Tanki, Lohiya Colon, Sajjan Nagar, Udaipur City (Rajasthan.) 2. Shri Parmindra Singh S/o Shri Ladu Singh, R/o Adarsh Nagar Police Chauki, Ajmer. 3. Shri Ladu Singh S/o Namalum, At Present Working As A.s.i Police Station Chawki, Adarsh Nagar Police Station Adarsh Nagar, Ajmer. 4. Siraj Ahmed Jamil Shayad, S/o Shri Jamil R/o Amc No. 171-A/11, Madar Tekri, Kundan Nagar, Ajmer. [2025:RJ-JP:3964] (2 of 3) [CFA-163/2016] ----Respondents For Appellant(s) : Mr. Lokesh Tailor for Mr. Amit Jindal For Respondent(s) : Ms. Meenal Bhargava for Mr. Abhi Goyal Mr. Bhartesh Joshi HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 28/01/2025 1. Considered application no. 1/2023 filed for disposal of appeal on the basis of compromise between appellant and respondent no.4. 2. Learned counsel appearing on behalf of plaintiff respondent no.1 submits that she is not having a copy of compromise and as she is not having any information about compromise between the parties. Learned counsel for respondent no. 4 has no objection on disposal. 3. Considered submissions and also perused the application filed supported with affidavit of appellant Shamsher Gani. 4. In the instant appeal, the only appellant is 1/1- Shamser Gani and he has filed an application supported with his own affidavit stating that he has entered into a compromise with respondent no.4 Shiraz Ahmed. Learned counsel for respondent no.4 Shiraz is also present before this Court. Herein this application, no prayer whatsoever is made except withdrawal due to compromise but compromise is not filed on record. 5. No specific prayer is made to make compromise as part of the order, and the application is filed for withdrawal of appeal due to compromise. Now the counsel for appellant want an [2025:RJ-JP:3964] (3 of 3) [CFA-163/2016] adjournment to call appellant in person. The application is filed by the counsel for appellant but for undisclosed reasons he has requested for time. 6. Herein the application is made supported with affidavit of party and same is sufficient to permit withdrawal of appeal. 7. In view of aforesaid, the appeal is dismissed as withdrawn. 8. Misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /48