Sakko And Ors vs Mohan Lal
2022 Latest Caselaw 3485 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil Second Appeal No. 120/2017

1.      Sakko Widow Of Late Sillu
2.      Ismail S/o Late Sillu
3.      Lala S/o Late Sillu
4.      Bibbo S/o Late Sillu
5.      Baby D/o Late Sillu,
        All R/o Pai Bagh, Bharatpur, Rajasthan
                                                                 ----Appellants
                                   Versus
Mohan Lal S/o Shri Ghoriram, R/o Khirni Ghat, Bharatpur,
Rajasthan
                                                                ----Respondent

For Appellant(s)         :     Mr. Manoj Bhardwaj
For Respondent(s)        :


             HON'BLE MR. JUSTICE SUDESH BANSAL
                          Judgment

02/05/2022

1. This second appeal arises out of a civil suit filed by the

appellants assailing the ex parte judgment and decree for eviction

dated 30.05.1974. The application filed under Order 9 Rule 13 CPC

to set aside the ex parte decree has already been dismissed and

thereafter present civil suit was filed. The trial court has dismissed

the suit vide judgment dated 19.10.2006 which has been affirmed

in the first appeal vide judgment dated 15.12.2016.

2. Learned counsel for appellants, at the outset, submits that

on the basis of an agreement dated 01.06.1969, decree for

specific performance has already been passed in favour of

appellants and against respondent-defendant-Mohan Lal. He

submits that although, respondent-Mohan Lal has assailed the

(2 of 2) [CSA-120/2017]

decree by way of civil second appeal No.275/2006, which is

pending for hearing before this Court, however, as far as the ex

parte decree for eviction dated 30.05.1974, assailed in the present

second appeal, has become inexecutable in view of passing a

subsequent decree for specific performance in favour of

appellants. Thus, the relief prayed for by appellants, by way of

filing the present suit, assailing the ex parte decree for eviction

dated 30.05.1974, is now covered by subsequent judgment and

decree passed in their favour.

3. In view of above, this Court is not inclined to entertain and

decide this second appeal on merits and the same is hereby

dismissed.

4. It is needless to say that the rights of appellants, as would

be adjudicated in the pending civil second appeal No.275/2006

would not be prejudiced in any way by dismissal of this second

appeal.

5. The copy of order dated 01.12.2006 passed in S.B. Civil

Second appeal No.275/2006 is taken on record.

(SUDESH BANSAL),J

SAURABH/7

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