Bharat Singh Champawat vs Prakash Chandra Patni
2022 Latest Caselaw 3186 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Second Appeal No. 54/1999

Bharat Singh Champawat S/o Shri Moti Singh Ji Champawat, R/o
Champawat Market Rasta Maniram Ji Ki Kohti, Haldion Ka Rasta,
Johari Bazar, Jaipur At Present R/o 7/448, Malviya Nagar, Jaipur.
                                                                  ----Appellant
                                   Versus
Prakash Chandra Patni, Advocate Office Johari Bazar, R/o Patni
House, Gulab Path, Jalupura Road, Jaipur
                                                                ----Respondent

Connected With S.B. Civil Contempt Petition No. 317/2006 Prakash Chand Patni R/o Patni House, Gulab Path, Jalupura Road, Jaipur

----Appellant Versus Bharat Singh Champawat R/o 7/448 & 5/268, Malviya Nagar, Jaipur.

----Respondent

For Appellant(s) : Mr. G.P. Kaushik For Respondent(s) : Mr. Manoj Pareek

HON'BLE MR. JUSTICE SUDESH BANSAL Order

20/04/2022

1. This second appeal has been filed by appellant-plaintiff,

feeling aggrieved by dismissal of his civil suit for possession by the

first Appellate Court vide judgment dated 18.11.1998 passed by

Additional District Judge No.7, Jaipur City, Jaipur in Civil Regular

Appeal No.100/94 whereas his civil suit has been decreed by the

trial Court vide judgment dated 11.11.1994 passed by Additional

Civil Judge (Junior Division), Jaipur (West), Jaipur in Civil Suit

No.132/86.

(2 of 2) [CSA-54/1999]

2. During pendency of appeal, both parties have alleged to

enter into compromise and it has been contended that

respondent-defendant has handed over the vacant possession of

suit premises to appellant. Written compromise duly signed by

both parties and attested by their respective counsel, has been

placed on record.

3. Learned counsel for both parties submits that in view of the

compromise and vacating the suit premises and handing over the

possession to appellant, this second appeal has become

infructuous and may be disposed of accordingly.

4. Learned counsel submits that in the compromise, both

parties have agreed to withdraw the contempt petition

No.317/2006 as well as other pending litigations.

5. In view of above, the compromise is taken on record and the

second appeal is disposed of as having become infructuous.

6. The contempt petition No.317/2006 also stands dismissed as

withdrawn. Notices of contempt petition stand discharged.

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

also stand disposed of.

(SUDESH BANSAL),J

SACHIN/129-130

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