HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 1091/2018
1. Sub Division Officer (Telegraph), Sub Divisional Office
(CT) BSNL, Jaitpura, District Jaipur Rajasthan.
2. Divisional Engineer (Phones) Rural And Quarter, Telecom
Department GMTD Jaipur
----Appellants
Versus
1. Narayan Lal S/o Shri Prabhati Lal, R/o Village Samod
Tehsil Chomu District Jaipur Rajasthan
2. Govindram S/o Shri Prabhati Lal, R/o Village Samod Tehsil
Chomu District Jaipur Rajasthan
----Respondents
For Appellant(s) : Mr. Jitendra Sharma For Respondent(s) : Mr. Takhat Singh HON'BLE MR. JUSTICE SUDESH BANSAL Order 22/04/2022
1. This first appeal has been filed by appellants on behalf of BSNL, feeling aggrieved by judgment and decree dated 25.09.2018 passed by Additional District Judge, Chomu, District Jaipur in Civil Suit No.19/2014 whereby suit for eviction has been decreed in favour of respondents-plaintiffs
2. It has been informed that during pendency of appeal, one of respondent No.1-plaintiff Narayan lal has passed away, leaving behind his legal representatives, named in the application (No.1/2022) and both LRs may be substituted in place of deceased respondent.
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3. Counsel for respondent No.2 does not oppose the
application.
4. Hence, legal representatives of deceased respondent No.1, namely Mr.Santosh Kumar Saini and Mr. Hanuman Sahai Saini are allowed to be substituted in his place. Amended cause title, enclosed with the application, be taken record.
5. Accordingly, the application (No.1/2022) stands disposed of.
6. Another application (No.2/2022) has been filed, alleging inter alia that during pendency of appeal, appellants have vacated the rented premises and handedover the possession to respondents. A copy of written document dated 31.12.2021 about handing over the possession of vacated premises to respondents and issue of NOC by the respondents has been placed on record.
7. Counsel for both parties admit the factum of compromise, and submits that in view of vacation of rented premises, this first appeal has rendered infructuous.
8. Accordingly, taking the factum of compromise on record, this first appeal is dismissed as having become infructuous.
9. Stay application and any other pending application(s), if any, also stand disposed of.
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