CFA 566/07 (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur O R D E R In S.B. Civil First Appeal No.566/2007 Smt. Kanta Kesnani and others Vs. Pushpa Ramchandani Date Of Order :: 9th October, 2009 Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Sudesh Bansal, for appellants. Mr. Satish Khandel, for respondent. ............ One application under Order 23 Rule 3 of the Code of Civil Procedure has been filed for deciding the first appeal finally in view of the compromise arrived at in between the parties. One another application has also been filed by the respondent-plaintiff Pushpa Ramchandani under Order 23 Rule 1 of the Code of Civil Procedure seeking permission for withdrawal of her suit on account of the compromise arrived at in between the parties, though the compromise filed before this Court has not been got attested by the parties, however in the application filed by the respondent-plaintiff she admits that parties have entered into compromise and according to the compromise plaintiff has agreed to receive a total amount of Rs.4,00,000/- (rupees four lacs) by way of bankers cheque dated 5/10/2009 of State Bank of Bikaner and Jaipur, Ganpati Plaza, Jaipur and in view of the above, she wants CFA 566/07 (2) to withdraw her suit so as to consequently set aside the judgment and decree dated 14/8/2007 passed in her favour by the trial court. It has also been admitted in the application that defendants are having title and possession over the suit property bearing house no.A-280, Malviya Nagar, Jaipur and the plaintiff has no right, title or any kind of interest in the said property on the basis of the agreement dated 10/1/2004 and has no concern with the said property. Learned counsel for the appellant does not oppose this prayer of the respondent-plaintiff for withdrawal of her suit. Accordingly, the application filed under Order 23 Rule 1 of the Code of Civil Procedure for withdrawal of the suit is allowed. Consequently, the impugned judgment and decree dated 14/8/2007 is quashed and set aside and in the result whereof the application filed by the parties under Order 23 Rule 3 of the Code of Civil Procedure also stands disposed of. (J.R. Goyal),J. VS Shekhawat/- Jr. P.A. S1