Mohammad Siddique And Ors vs Mohani Bai And Ors
2022 Latest Caselaw 204 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 170/2014
1. Mohammad Siddique S/o Shri Abdul Gafoor, R/o Mangrol,
District Baran (Raj.)
1/1 Mohammad Rafiz S/o Late Shri Mohammad Siddique,
1/2 Mohammad Saleem S/o Late Shri Mohammad Siddique,
1/3 Zakir Hussain S/o Late Shri Mohammad Siddique,
1/4 Bilkis Begam D/o Late Shri Mohammad Siddique,
1/5 Salma Begam D/o Late Shri Mohammad Siddique,
1/6 Khatoon widow of Late Shri Mohammad Siddique,
All R/o Mangrol, District Baran (Rajasthan).
                                                   ----Defendant-Appellants
                                  Versus
1. Mohani Bai widow of Shri Krishan through her legal heirs:
1/1. Krishan Murari,
1/2. Chandra Prakash
1/3. Ravi Dutt,
All sons of Shri Krishan, R/o Mangrol, District Baran (Rajasthan)
1/4. Smt. Santosh Bai D/o Shri Krishan, W/o Shri Raghunandan,
R/o Raithal, Tehsil Mangrol, District Baran (Rajasthan)
1/5. Smt. Pushpa Bai D/o Shri Krishan, W/o Shri Damodary, R/o
Nasirabad, Tehsil Nasirabad, District Ajmer (Rajasthan)
1/6. Smt. Prem Bai D/o Shri Krishan, W/o Shri Balmukund, R/o
Mangrol, District Baran (Rajasthan).
1/7 Hemlata @ Mannu Bai D/o Shri Krishan, W/o Shri Surendra
R/o Laxman Vihar, Kunhadi, Kota, District Kota (Rajasthan)
1/8. Anita Bai D/o Shri Krishan, W/o Shri Hemraj, R/o near
Ramjanki Mandir, Keshavpura, Kota, District Kota (Rajasthan).
2. Radhey Shyam S/o Shri Krishan, R/o Mangrol, District Baran
(Rajasthan)
                                                   ----Plaintiff-Respondents

3. Mohammad Ishq S/o Shri Abdul Gafoor, R/o Mangrol, District Baran (Rajasthan).

4. Fatama D/o Shri Abdul Affar, W/o Shamshuddin, R/o Plot No. 235, Sajidehada, Kacchi Basti, Near Ismail Ki Chakki, Kishavpura, Kota-9 (Rajasthan).

5. Kulsum D/o Shri Abdul Gaffar, W/o Shri Nizamuddin Musalman, R/o Ward No. 3, Mangrol, Baran.

6. Jubeda D/o Shri Abdul Gaffar, W/o Mohammad Hanif, R/o Ward No. 13, Mangrol, District Baran (Rajasthan)

(2 of 2) [CMA-170/2014]

7. Nagar Palika, Mangrol through the Executive Officer, Nagar Palika, Mangrol, District Baran (Rajasthan).

---Defendant-Respondents

6. 6 For Appellant(s) : Mr. Mahesh Gupta, Adv., through VC For Respondent(s) : Mr. Rajneesh Gupta, Adv., through VC

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order 10/01/2022

During the course of arguments on instructions on behalf of

the respondents, learned counsel for the respondents-Mr.

Rajneesh Gupta states that by afflux of time, this appeal has

become infructuous as the appeal has been filed against the order

dated 11.12.2013 passed by the Court of Additional District and

Sessions Judge, Baran (Raj.) (for short 'the appellate court')in

Civil Appeal No.33/2009 whereby the suit has been remanded to

the Civil Judge (Jr. Division), Mangrol, District Baran (for short 'the

trial court'). Counsel submits that the trial court has decided the

suit in favour of the plaintiff-appellant and subsequently the

appeal filed against the judgment has also been decided in favour

of the plaintiff-appellant. So, under these circumstances, this

appeal has become infructuous.

Looking to the statements made hereinabove, this appeal

stands dismissed as having become infructuous. However, learned

counsel for the parties are given liberty to file application for

revival of this appeal if anything found adverse to the statements

made by the counsel for the respondents.

Hence, this appeal as well as the stay application stands

dismissed as infructuous.

All the pending applications, if any, stands disposed of.

(ANOOP KUMAR DHAND),J Pravesh/36

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