Rakesh Kumar And Others vs State Of Haryana And Others
2024 Latest Caselaw 7706 P&H

Punjab-Haryana High Court

Rakesh Kumar And Others vs State Of Haryana And Others on 10 April, 2024

Author: Vikas Suri

Bench: Vikas Suri

                                   Neutral Citation No:=2024:PHHC:048772




                                                             2024:PHHC: 048772

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

119                                         CM-3472-C-2024 in/and
                                            RSA-2686-2022 (O&M)
                                            Date of decision: 10.04.2024
Rakesh Kumar and others
                                                                  ...Appellants
                      Versus

State of Haryana and others

                                                                ...Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS SURI

Present:       Mr. Rishabh Rajesh Wadhera, Advocate for
               Mr. Sumit Singh, Advocate for the appellants.

                                    *****
VIKAS SURI, J.

CM-3472-C-2024

This is an application under Section 151 CPC for disposing

of the present regular second appeal, as having been rendered

infructuous.

Notice of the application.

Mr. Bhagwat Dayal, AAG, Haryana, accepts notice on

behalf of the respondent Nos.1 to 3.

Learned counsel for the applicant-appellants submits that

the appellant/plaintiffs had instituted a suit for declaration and

permanent injunction aggrieved by the entries in the revenue record with

regard to the attachment of the suit land. The suit was dismissed vide

judgment and decree dated 15.11.2018, passed by learned Addl. Civil

Judge (Sr. Divn.), Jind. The appeal preferred thereagainst was also

dismissed vide judgment and decree dated 19.10.2022, passed by learned

1 of 2

Neutral Citation No:=2024:PHHC:048772

RSA-2686-2022 -2- 2024:PHHC: 048772

Addl. District Judge, Jind. Aggrieved by the aforesaid, the

appellant/plaintiffs preferred the present regular second appeal.

Learned counsel for the applicant-appellants submits that

during pendency of the instant appeal, the main dispute with the

respondent-defendants has been settled by availing one time settlement

(OTS) offer. In view of the same, the Excise & Taxation Officer-cum-

Collector 1st Grade, Jind, vide his letter dated 13.03.2024 to the

Tehsildar, Julana, has communicated the aforesaid factum as well as no

objection to cancel the mutation and to release the attachment of the suit

property. A copy of the said communication has been appended with the

application as Annexure A-1.

Learned State counsel representing respondent Nos.1 to 3

submits that he is not in a position to immediately verify the aforesaid

communication dated 13.03.2024, however, in view of the prayer made

by the applicants for disposing of the appeal as infructuous, the same is

not opposed.

In view of the above, the present application is allowed.

RSA-2686-2022

The Regular Second Appeal is disposed of as having been

rendered infructuous.

Pending applications, if any, also stand disposed of.

                                                     (VIKAS SURI)
 April 10, 2024                                         JUDGE
 sumit.k

             Whether speaking/reasoned :      Yes / No
             Whether Reportable :             Yes / No



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