Smt. Swarn Kaur vs Satish Pateria
2023 Latest Caselaw 11400 MP

                                                              1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                                  ON THE 21 st OF JULY, 2023
                                              SECOND APPEAL No. 1527 of 2021

                           BETWEEN:-
                           SMT. SWARN KAUR W/O LATE BHAGWAN SINGH, AGED
                           ABOUT 63 YEARS, R/O GURU HOTEL H. NO. 528-529 NEW
                           666 MADAN MAHAL CHOWK JABALPUR M.P. (MADHYA
                           PRADESH)

                                                                                          .....APPELLANT
                           (NONE FOR THE APPELLANT)

                           AND
                           SATISH PATERIA S/O LATE J.P. PATERIA, AGED ABOUT
                           58 YEARS, R/O H. NO. 528-529 NEW 666 MADAN MAHAL
                           JABALPUR M.P. (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI ARVIND SONI - ADVOCATE )

                                 This appeal coming on for admission this day, th e court passed the
                           following:
                                                               ORDER

Matter is taken up out of turn.

Learned counsel for caveator informs that they have got the possession of the suit property as per judgment of trial Court. Since as per order-sheet of 20.07.2023, no one had appeared for the appellant on 17.03.2023 and 03.05.2023 therefore, matter is adjourned.

Today I.A. No.11228/2023, which is an application for taking documents on record has been filed. The said application shows that tenant-appellant has voluntarily given possession of the suit property to the landlord-respondent. An Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 24-07-2023 19:47:19

affidavit of respondent-landlord to this effect is filed along with the application.

Looking to the aforesaid I.A. No.11228/2023 filed by the respondent is taken on record.

It seems that besides the appeal being infructuous, appellant is not interested and not prosecuting the appeal hence, appeal is dismissed as having rendered infructuous.

(AVANINDRA KUMAR SINGH) JUDGE Shub

Signature Not Verified Signed by: SHUBHAM THAKKER Signing time: 24-07-2023 19:47:19