Mst Sakeena And Ors vs Wahid
2022 Latest Caselaw 2716 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Civil Second Appeal No. 576/1999

Mst Sakeena And Ors.
                                                                      ----Appellants
                                   Versus
Wahid
                                                                     ----Respondent

For Appellant(s) : Mr. N K Maloo, Sr. Advocate assisted by Mr. Pratush Sharma For Respondent(s) : Mr. Praveen Jain

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

31/03/2022

Appellants-defendants have filed an application (I.A.

No.2/2020) under Order 22 Rule 3 CPC in relation to death of

appellant No.4-Badruddin informing that he has died on

09.01.2020 leaving behind his legal representatives named in the

application. The application is well within time.

For reasons mentioned in the application, the same is

allowed. The legal representatives of deceased-appellant No.4-

Badruddin are allowed to be substituted in his place.

Amended cause title be filed within a period of one weeks.

Respondent-landlord-decree holder has filed another

application (I.A. No.1/2020) for enhancement of mesne profit. It

appears that present appeal arises against the decree for eviction

in the suit filed way back on 16.11.1987. The trial court pass the

decree for eviction on 16.11.1990, which has been affirmed by the

first appellate court vide judgment dated 05.08.1999. The second

appeal is pending before this Court since 1999. Once the second

(2 of 2) [CSA-576/1999]

appeal itself has riped up for final hearing and counsel for both

parties are ready to make their final submissions instead of

hearing the application for enhancement of mesne profit, this

Court deems it just and proper to hear the second appeal itself on

merits therefore, the application (I.A. No.1/2020) is posted to be

considered while hearing the second appeal finally.

List this case again on 19.04.2022.

(SUDESH BANSAL),J

SAURABH/30

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