Mishri Lal vs Safi Mohammad
2021 Latest Caselaw 7069 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 33/2021

Mishri Lal S/o Nathuram, Aged About 68 Years, B/c Deora (Teli),r/o Khinvsar, Tehsil Khinvsar, District Nagaur (Raj.)

----Appellant Versus Safi Mohammad S/o Mohammad Hussain, B/s Chhipa, R/o Khinvsar, Tehsil Khinvsar, District Nagaur (Raj.)

----Respondent

For Appellant(s) : Mr. Nimbaram Choudhary For Respondent(s) : Mr. Vineet Dave

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

10/03/2021

The present appeal has been preferred by the appellant

against the judgment and order dated 02/12/2020 passed by

learned Additional District Judge No.1, Nagaur in Civil Misc. Appeal

No. 08/2020 arising out of the order dated 25/08/2020 passed by

Additional Civil Judge, Nagaur in Civil Original Suit No. 53/2016.

Notices were issued by this Court on 28/01/2021. In

furtherance of the same, the respondent has appeared before this

Court through his counsel. Learned counsel for the respondent

submits that if the order dated 02/12/2020 is quashed and the

order dated 25/08/2020 shall come into force, the respondent will

have no objection.

In view of the submissions made by learned counsel for the

respondent, the present appeal is allowed. The order dated

02/12/2020 passed by learned Additional District Judge No.1,

Nagaur in Civil Misc. Appeal No. 08/2020 is quashed. The order

(2 of 2) [CMA-33/2021]

dated 25/08/2020 passed by Additional Civil Judge, Nagaur in Civil

Original Suit No. 53/2016 is upheld and the same will be binding

upon both the parties.

(VINIT KUMAR MATHUR),J

268-SanjayS/-

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