Vinay Kumar Alias Bhanwar Lal ... vs Sh Tara Chand S/O Late Parasmal ...
2022 Latest Caselaw 5123 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Civil Second Appeal No. 462/2018

Vinay Kumar Alias Bhanwar Lal Kawadia S/o Sh. Dharmi Chand
Kawadia, R/o Sthanak Ki Gali, Vijay Nagar, Distt Ajmer
                                                     ----Appellant-Defendant
                                   Versus
1.      Sh Tara Chand S/o Late Parasmal Nahar, R/o Vijaynagar,
        Tehsil Masuda, Distt Ajmer (Rajasthan)
2.      Sh. Kanwar Lal S/o Late Paras Mal Nahar, R/o Vijaynagar,
        Tehsil Masuda Distt-Ajmer (Rajasthan)
3.      Sh Hira Lal S/o Late Sh Paras Mal Nahar, R/o-Vijaynagar,
        Tehsil Masuda, Distt-Ajmer (Raj.)
4.      Smt. Koshalya D/o Late Parasmal Nahar, W/o Gyan Chand
        Dadia (Khaarwa Wala) R/o Nehru Gate Out Side, Beawear,
        Distt Ajmer, Raj.
5.      Smt. Manju D/o Late Parasmal Nahar, W/o Sh. Tara Chand
        Srimal R/o Mahaveer Colony, Ajmer (Raj.)
6.      Smt. Lalita D/o Late Parasmal, W/o Sh Mithan Lal Ji
        Bagadia R/o Saiti, Chittoregarh (Raj.)
                                               ----Respondents-Defendants

For Appellant(s)         :     None
For Respondent(s)        :     Mr. Abhinav for
                               Mr. Devendra Sharma



            HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

26/07/2022

1. It has been stated by counsel for respondent-landlord at Bar

that the decree for execution has been executed and vacant

possession of rented shop has been received to respondent-

landlord.

2. This second appeal was preferred by and on behalf of

appellant-tenant assailing the judgment and decree for rent and

(2 of 2) [CSA-462/2018]

eviction dated 19.03.2010 passed in Civil Suit No.39/1998 passed

by Civil Judge, Vijaynagar, District Ajmer which has been affirmed

in first appeal No.27/2010 vide judgment dated 01.06.2018

passed by Additional District Judge No.1, Beawar, District Ajmer.

3. From the side of appellant, appeal has not been pursued on

merits since long and there is no interim stay order passed against

the execution of eviction decree.

4. On last occasion i.e. 29.06.2022, no one appeared on behalf

of appellant. Today also no one has appeared.

5. In view of statement made by counsel for respondent-

landlord about vacation of rented shop, it appears that appellant

has lost interest in pursuing the second appeal further. Otherwise

also there is concurrent findings of fact on the issue of bona fide

necessity which gives rise no substantial question of law within the

scope of Section 100 CPC.

6. In such facts and circumstances, the second appeal deserves

to be dismissed and the same is hereby dismissed.

7. Record of both courts below be sent back.

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

stand(s) disposed of.

(SUDESH BANSAL),J

SAURABH/100

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