HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No.165/2008
1. Kishan Lekhi S/o Late Shri U.s. Lekhi, R/o Tiwari Building,
Opp. Surya Mahal, M.i. Road, Jaipur.
2. Vipin
3. Deepak
4. Pradeep
Nos.2 to 4 are sons of Shri Jagdish Lekhi, R/o Tiwari
Building Opp. Surya Mahal, M.i. Road, Jaipur (Rajasthan).
----Appellants-Defendants
Versus
Damodar Lal S/o Shri Mahadev Mistri, R/o Roduram Building,
Opp. Niroj Restaurant, M.i. Road, Jaipur Rajasthan.
----Respondent-Plaintiff
Connected With S.B. Cross Objection (Civil) No.4/2009
1. Kishan Lekhi S/o Late Shri U.s. Lekhi, R/o Tiwari Building, Opposite Surya Mahal, M.i. Road, Jaipur.
2. Vipin
3. Deepak
4. Pradeep All sons of Shri Jagdish Lekhi, R/o Tiwari Building Lekhi, Opposite Surya Mahal, M.i. Road, Jaipur.
----Appellant-Defendants Versus Damodar Lal S/o Shri Mahadev Mistry, R/o Roduram Building, Opposite Niroj Restaurant, M.i. Road, Jaipur Rajasthan.
----Respondent-Plaintiff
For Appellant(s) : Mr. R.K. Agarwal, Sr. advocate
assisted by Ms. Sunita Pareek
For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
14/11/2022
1. Appellants-defendants have preferred this civil second appeal against the judgment and decree dated 06.02.2008 passed in Civil Appeal No.23/07 by the court of Additional District Judge (FT) No.3, Jaipur City, Jaipur whereby the appeal filed by respondent- (Downloaded on 18/11/2022 at 09:27:34 PM)
(2 of 2) [CSA-165/2008] plaintiff was partly allowed and set aside the judgment and decree dated 25.10.2007 passed in Civil Suit No.15/2005 by the Court of Civil Judge (Jr. Division), Jaipur City (West), Jaipur whereby the suit for permanent injunction filed by respondent-plaintiff has been dismissed. The sole respondent-plaintiff has also filed cross objection No.4/2009.
2. From the report of notice of sole respondent-plaintiff, it has been reported on 17.10.2019 that Damodar Lal has passed away.
3. None of the parties has taken any step for substitution of legal representatives of deceased respondent-plaintiff-Damodar Lal. On instructions of his clients through written letter, it has also been informed that appellants are no more interested in pursuing the second appeal.
4. For reasons mentioned hereinabove, the second appeal along with Cross Objection are dismissed.
5. All pending application(s), if any, stand(s) disposed of.
(SUDESH BANSAL),J SAURABH/92-93 (Downloaded on 18/11/2022 at 09:27:34 PM) Powered by TCPDF (www.tcpdf.org)