LALA Vs. VIJAY LAL

JUDGEMENT

(1.) This application under Sec. 151 CPC has been filed by the applicants seeking recall of the order dtd. 11/7/2018 passed in S.B. Civil Regular First Appeal No. 62/2014, whereby, on an application submitted by the applicants, the first appeal was dismissed as withdrawn.

(2.) It is inter alia indicated in the application that against the judgment and decree dtd. 20/1/2014 passed by District Judge, Banswara in Civil Original Case No. 39/2012, S.B. Civil Regular First Appeal No. 62/2014 was filed. The appeal was admitted, interim order was granted and after service of notice on the sole respondent-plaintiff, the interim order was confirmed with modification providing for payment of mesne profit.

(3.) An application under Sec. 151 CPC for withdrawal of the appeal was filed on 7/7/2018 inter alia indicating that appellants do not press the appeal, hence they want to withdraw the appeal to avail further alternative remedy, if so advised. Based on the said application, by order dtd. 11/7/2018, for the reasons mentioned in the application, the appeal was dismissed as withdrawn.