Mukesh Kumar Gupta vs Swaraj Gupta (Deceased) Through Legal Representatives

Alok Kumar Verma, J

An Original Suit (O.S. No. 484 of 2012) was filed by the proposed appellant-plaintiff for declaration and for perpetual injunction. The Original Suit was dismissed. A Civil Appeal (No.169 of 2018) was filed. The said Civil Appeal was partly allowed. The present Second Appeal has been filed against the decree, passed in the Civil Appeal No. 169 of 2018, by which the said appeal has been partially dismissed.

The proposed Second Appeal has been filed along with an Application under Section 5 of the Limitation Act, 1963 to condone the delay of 225 days.

Heard Mr. Piyush Garg, learned counsel for the appellant.

Mr. Piyush Garg, Advocate, submits that the respondent no.1/1-Smt. Taresh Gupta has died. The respondent no.1/2-Smt. Reena Agarwal is the daughter of the deceased respondent no.1/1. He further submits that amendments have already been carried in the connected appeals (SA No.2 of 2022 and SA No.4 of 2022) in this regard.

Mr. Piyush Garg, Advocate, submits that the parties have settled their disputes in the connected Second Appeals (SA No 2 of 2022 and SA No.4 of 2022) and the connected Second Appeals have already been decided in terms of the compromise. Therefore, the appellant has requested to permit him to withdraw the proposed Second Appeal.

Mr. Mukesh Kumar Gupta, the appellant, is present in-person through video conferencing. He is requesting to permit him to withdraw the present Second Appeal.

The Delay Condonation Application (IA No.1 of 2024) is dismissed as withdrawn.

Consequent to it, the present Second Appeal (No.61 of 2024) is also dismissed.