Citation : 2022 Latest Caselaw 2735 Raj/2
Judgement Date : 31 March, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 16048/2015
1. Smt Maya Semuel D/o Late Shri M. Semuel Mistri.
2. Ashok Alias Guddu
3. Pappu Alias Rajkamal
Both S/o Late Shri M. Semuel Mistri All R/o House No.
34/279(old)=245-A/15, Pal Beechala, Ajmer.
----Petitioner
Versus
1. Shri Narendra Singh
2. Shri Rajendra Singh
S/o Shri Kanmal, Both R/o Pal Beechala, Ajmer.
3. Jitendra Singh Chouhan S/o Late Shri Kan mal Chohan, R/o
212/34, old Pal beechala, Ajmer.
----Respondents
For Petitioner(s) : Ms. Jyoti Swami, Adv. on behalf of Mr. Abhi Goyal, Adv.
For Respondent(s) : Mr. Alok Chaturvedi, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
31/03/2022
The matter comes up on an application (2/2021) filed by the
respondents for dismissal of the writ petition as having become
infructuous in view of judgment dated 01.09.2021 passed in Civil
Suit No.44/2017 (141/2008).
Learned counsel-Mr. Alok Chaturvedi appearing for the
respondents submitted that the present writ petition has been
preferred against the order dated 14.09.2015 by which prayer for
staying the execution proceedings with respect of judgment and
decree dated 30.08.1990 till the decision of Civil Suit
No.141/2008, was declined.
(2 of 2) [CW-16048/2015]
Learned counsel for the respondents submitted that now
since civil suit No.141/2008 itself has been decided, and as such,
the present writ petition does not require any adjudication on
merits, the writ petition has become infructuous.
Learned counsel-Ms. Jyoti Swami appearing on behalf of Mr.
Abhi Goyal, Adv. for the petitioner does not dispute the fact of
decision being rendered in Civil Suit No.141/2008.
This Court in view of subsequent order passed in the civil suit
dose not require to adjudicate the matter on merits.
The application No.2/2021 stands disposed of.
Accordingly, the present writ petition is dismissed as having
become infructuous.
(ASHOK KUMAR GAUR),J
Ramesh Vaishnav/86/Bhavnesh Kumawat
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