Madhya Pradesh High Court

Shyam Lakhera vs Indrajeet on 7 May, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                           1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                 ON THE 7 th OF MAY, 2024
                                            SECOND APPEAL No. 1552 of 2018

                          BETWEEN:-
                          SHYAM LAKHERA S/O RAMMI LAKHERA, AGED ABOUT
                          51 YEARS, OCCUPATION: BUSINESSMAN R/O SHIV
                          WARD BEENA TEHSIL BEENA DISTRICT SAGAR
                          (MADHYA PRADESH)

                                                                                        .....APPELLANT
                          (BY SHRI BHUPENDRA KUMAR SHUKLA - ADVOCATE)

                          AND
                          INDRAJEET S/O PURUSHOTTAM YADAV, AGED ABOUT
                          36 YEARS, SHIV WARD BEENA TEHSIL BEENA DISTRICT
                          SAGAR (MADHYA PRADESH)

                                                                                      .....RESPONDENT


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

This appeal under Section 100 of CPC has been filed assailing the appeal judgment & decree dated 02.05.2018 passed in Regular Civil Appeal No.2-

A/2015 (Shyam Lakhera Vs. Indrajeet) by IInd Additional District Judge, Beena, District Sagar (MP) affirming the judgment & decree dated 01.01.2015 passed in Civil Suit No.75-A/2009 (Indrajeet Vs. Shyam Lakhera) by Civil Judge, Class-I, Beena, District Sagar (MP) whereby learned trial Court passed the judgment & decree of eviction in favour of the plaintiff/respondent and directed defendant/appellant to handover the vacant possession of the disputed

shop.

2. It is informed by learned counsel for the appellant that disputed shop has already been vacated by the appellant/defendant in compliance of the judgment & eviction decree passed by the learned trial Court and affirmed by the learned appellate Court. As disputed shop has already been vacated, this appeal has rendered infructuous.

3. Accordingly, this second appeal having been rendered infructuous is dismissed.

4. Records of the trial Court as well as appellate Court alongwith the copy of this order be sent down to the Courts concerned through Principal

District Judge, Sagar.

(DINESH KUMAR PALIWAL) JUDGE @shish