M/S Wimco Ltd vs Gopal Lal Agarwal And Others
2022 Latest Caselaw 2901 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            S.B. Civil First Appeal No. 265/2016

WIMCO Ltd., Through Managing Director, S.G.A. Flaper And
Through Chairman, I.J.N. Swami, Having Its Office At Indian
Mercantile Chambers, Ballard Estate, R. Kamani Marg, Mumbai-
400 038 / D-37, Saket Colony, Opposite Adarsh Nagar Thana,
Adarsh Nagar, Jaipur / D-40, Adarsh Nagar Shopping Centre,
Jaipur, Through Its Power Of Attorney Holder, Mr. Mukesh Kumar
                                               ----Appellant-Defendant
                                  Versus
1.    Mr. Gopal Lal Agarwal S/o Mr. Jagdish Narain Agarwal, R/o
      Jain Temple, Shivdaspura, Tehsil Chaksu, Distt. Jaipur
                                                 ....Respondent-plaintiff

2. M/s. Tulsi Enterprises Through Its Manager Mr. Ramesh Murari, R/o D-37, Sanket Colony, Opposite Adarsh Nagar Thana, Adarsh Nagar, Jaipur/ Firm Raghuveersharan Harinarain, Old Bus Stand, Chaksu, Distt. Jaipur

3. Mr. Raghuveersharan S/o Shri Laduraom Owner And Karta Partnership Firm Tulsi Enterprises, R/o D-37, Sanket Colony, Opposite Adarsh Nagar Thana, Adarsh Nagar, Jaipur

4. Tulsi Devi W/o Shree Laduram, Owner Of M/s Tulsi Enterprises C/o Firm Raghuveersharan Harinarayan, Old Bus Stand Chaksu, Distt. Jaipur / Near Govt. Hospital, Mamodia Ka Mohalla, Chaksu Distt. Jaipur Through Legal Heirs-

4/1 Mr. Ramgopal S/o Mrs.Tulsi Devi W/o Late Shree Laduram 4/2 Mr. Harinarain S/o Tulsi Devi W/o Late Shree Laduram 4/3 Ramesh Murari S/o Tulsi Devi W/o Late Shree Laduram 4/4 Ramavtar S/o Mrs. Tulsi Devi W/o Late Mr. Laduram,

All R/o Mamodiya Ka Mohalla, Ward No. 14, Chaksu, Distt. Jaipur

----Respondents Connected With S.B. Civil First Appeal No. 546/2017

(2 of 4) [CFA-265/2016]

1. Smt. Tulsi Devi W/o Shri Ladu Ram Owner M/s. Tulsi Enterprises, C/o M/s. Raghuveersharan Harinaraya, Old Bus Stand, Chaksu Distt. Jaipur/near Govt. Hospital, Mamodiya Ka Mohalla, Chaksu, Distt. Jaipur Through Her Lrs-

1/1. Ramgopal S/o Smt. Tulsi Devi W/o Shri Ladu Ram, 1/2. Ramesh Murari S/o Smt. Tulsi Devi W/o Shri Ladu Ram, 1/3. Ramavtar so called S/o Smt. Tulsi Devi W/o Shri Ladu Ram (Original Name Ramavtar Kumawat S/o Ramrakh Kumawat) All R/o Mamodiya Ka Mohalla, Ward No. 14, Chaksu, Distt. Jaipur

2. Raghuveersharan S/o Shri Laduram Owner And Working Partner M/s. Tulsi Enterprises, D-37, Saket Colony, Opp. Adarsh Nagar Police Station, Adarsh Nagar, Jaipur/ M/s. Radhuveersharan Harinarayan, Old Bus Stand, Chaksu Distt. Jaipur (Appellant In Personal Capacity, Partner Firm Is Not In Existence)

----Appellants-Defendants Versus

1. Gopal Lal Agarwal S/o Shri Jagdish Narayan Agarwal Opp.

Jain Temple, Shivdaspura, Tehsil Chaksu Distt. Jaipur ..........Plaintiff-Respondent

2. Vimko Ltd., Through Managing Director, S.G.A.., Falepar And Through Chairman, I.j.n. Owner, Indian Mercantial Chamber, Blad Estate, R. Kamani Marg, Mumbai- 400038/d-37, Saket Colony, Opp. Adarsh Nagar Police Station, Adarsh Nagar, Jaipur/d-40, Adarsh Nagar Shopping Centre, Jaipur Through Power Of Attorney, Mr. Mukesh Kumar

3. M/s. Tulsi Enterprises Through Ramesh Murari, D-37, Saket Colony, Opp. Adarsh Nagar Police Station, Adarsh Nagar, Jaipur Firm M/s. Radhuveersharan Harinarayan, Old Bus Stand, Chaksu Distt. Jaipur .........Defendant/respondents

4. Hari Narayan S/o Shri Tulsi Devi W/o Late Shri Ladu Ram, Mamodiya Ka Mohalla, Ward No. 14, Chaksu, Distt. Jaipur

----Respondents-Proforma-Defendant

(3 of 4) [CFA-265/2016]

For Appellant(s) : Mr. Anant Kasliwal, Sr. Advocate assisted by Mr. Vaibhav Kasliwal Mr. Gajendra Singh Rathore for appellant in S.B. CFA NO.546/2017 For Respondent(s) : Mr. Raj Kumar Tongawat Mr. Anant Kasliwal, Sr. Advocate assisted by Mr. Vaibhav Kasliwal for respondent in S.B. CFA546/2017

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

06/04/2022

Both first appeals have been filed by defendants assailing the

common judgment and decree dated 28.01.2016 passed by

Additional District Judge No.4, Jaipur whereby and whereunder the

decree for recovery of an amount of Rs.4,95,000/- was passed in

favour of respondent-plaintiff No.1-Goapl Lal Agarwal.

During pendency of first appeal, the plaintiff proceeded for

execution of decree and during the course of execution

proceedings, it appears that the matter was placed before the

National Lok Adalat conducted on 12.03.2022 by the District Legal

Services Authority, Jaipur Metropolitan First, Jaipur.

Before the National Lok Adalat, both parties settled their

dispute and respondent-plaintiff-decree holder accepted the

cheque of decreetal amount with full satisfaction of the impugned

judgment and decree. The order passed by the National Lok

Adalat on 12.03.2022, which is duly signed by the respondent-

plaintiff-decree holder as well as appellant-defendant and other

parties is available on record. It has been mentioned in the order

itself that in view of such settlement between the parties, both

appeals can be disposed of accordingly.

(4 of 4) [CFA-265/2016]

Respondent-plaintiff-Gopal Lal Agarwal himself present in

person on 12.03.2022. Since parties have settled their dispute

before the National Lok Adalat and the impugned judgment and

decree dated 28.01.2016 stands satisfied, the challenge to the

judgment and decree become redundant and accordingly both

appeals have rendered infructuous.

Hence, both appeals are disposed of having become

infructuous, in view of the order dated 12.03.2022 passed before

the National Lok Adalat.

Stay applications and any other pending applications, if any,

stand(s) disposed of.

If, any amount is deposited by the appellants pursuant to the

interim order dated 28.07.2017 of this Court, the same may be

disbursed/released to the appellants.

(SUDESH BANSAL),J

TN/13-14

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