Smt Parmeshwari Devi And Anr vs Sajjan Kumar Vaidh And Ors
2022 Latest Caselaw 2908 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil Revision Petition No. 119/2018

1. Smt Parmeshwari Devi W/o Late Sh. Raghunandan
2. Sh. Satish Kumar S/o Late Sh. Raghunandan


All resident of Ward No.24, Chidawa, District Jhunjhunu.
                                                                  ----Petitioner
                                   Versus
1. Sajjan Kumar Vaidya S/o Late Sh. Durgadutt Vaidya, R/o Hall
3 Ultra Sound Road Sh. Kunj, first floor Mumbai 26 through
Muneem Sanwarmal Sahal S/o Late Sh. Mulchand Sehal, R/o
Ward No.20, Chidawa, District Jhunjhunu
2.   Sh. Ravindra Kumar S/o Late Sh. Raghunandan, R/o Ward
No. 17, Chidawa, District Jhunjhunu.
3. Surendra Kumar S/o Late Sh. Raghunandan, R/o Ward No.24,
Chidawa, District Jhunjhunu.
4. Smt. Poonam Sharama, D/o Late Sh. Raghunandan, W/o Sh.
Rajkumar, R/o Ludiwas Mohalla Rajagarh, Tehsil Rajgarh, District
Churu.
                                                                ----Respondent

For Petitioner(s) : Mr. Ved Pal Shastri with Mr. Babu Lal Prajapt For Respondent(s) : None present

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

06/04/2022

The petitioner-defendant, by way of this revision petition,

assailing the impugned order dated 16.03.2018 whereby thier

application under Order 9 rule 13 CPC has been dismissed.

It appears that the judgment and decree dated 09.08.2005

was passed in ex-parte in favour of respondent-plaintiff and to set

(2 of 2) [CR-119/2018]

aside the same, the petitioner moved an application under order 9

Rule 13 CPC.

The counsel for petitioner submits that respondent-plaintiff

proceeded for the execution, however, the execution of the ex

parte judgment and decree dated 09.08.2005 has been dismissed

before the Executing Court on 22.12.2021 recording a noting in

the order sheet that parties have amicably settled their dispute

out of court. The order sheet dated 22.12.2021 of the dismissal of

execution of the ex parte judgment and decree dated 09.08.2005

has been placed on record.

In view of above, instant revision petition has rendered

infructuous and accordingly the same is dismissed as not press.

Stay application and any other pending application(s), if any,

stand(s) disposed of.

(SUDESH BANSAL),J

TN/15

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