Rajasthan High Court
Smt Kanno And Others vs Smt Phool Devi And Othersq on 2 May, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 166/2012
1. Smt Kanno @ Kamala W/o Late Govind Ram , R/o Kothi
Narayanpur, Tehsil Rajgarh, Dist. Alwar Raj.
2. Ganpat Ram S/o Late Govind Ram, R/o Kothi Narayanpur,
Tehsil Rajgarh, Dist. Alwar Raj.
3. Rajendra Kumar S/o Late Govind Ram R/o Kothi
Narayanpur, Tehsil Rajgarh, Dist. Alwar Raj.
4. Mukesh Kumar S/o Late Govind Ram R/o Kothi
Narayanpur, Tehsil Rajgarh, Dist. Alwar Raj.
5. Suman D/o Late Govind Ram R/o Kothi Narayanpur, Tehsil
Rajgarh, Dist. Alwar Raj.
----Appellants
Versus
1. Smt. Phool Devi W/o Late Girdhari Lal, R/o Village
Srinagar, Tehsil Rajgarh, Distt. Alwar Raj.
2. Pappu Ram S/o Late Girdhari Lal, R/o Village Srinagar,
Tehsil Rajgarh, Distt. Alwar Raj.
3. Kallu Ram S/o Late Girdhari Lal, R/o Village Srinagar,
Tehsil Rajgarh, Distt. Alwar Raj.
4. Madan Lal S/o Late Girdhari Lal, R/o Village Srinagar,
Tehsil Rajgarh, Distt. Alwar Raj.
5. Laxmi Narayan S/o Late Girdhari Lal, R/o Village Srinagar,
Tehsil Rajgarh, Distt. Alwar Raj.
6. Mukesh Chand S/o Late Girdhari Lal, R/o Village Srinagar,
Tehsil Rajgarh, Distt. Alwar Raj.
7. Asha Devi W/o Shri Omprakash D/o Late Girdhari Lal ,
r/.o Purana Rajgarh, District Alwar, Raj.
8. Indra Devi W/o Shri Rajendra D/o Late Girdhari Lal, aged
about 28 years at present resident of Aloriya Ka Mohalla,
Near Railway Station, Mala Kheda, Tehsil Rajgarh, District
Alwar, (Raj.
9. Sita Devi W/o Shri Mukesh Chand D/o Late Girdhari Lal
aged about 24 years, r/o Khwas Ka Bagh, Rajgarh District
Alwar (Raj.)
----Respondents-Defendants
(2 of 2) [CSA-166/2012]
For Appellant(s) : Mr. T.C. Sharma
For Respondent(s) : Mr. Naresh Kumar Sain
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
02/05/2022
This appeal has been filed by plaintiffs-landlord against the
judgment and decree dated 24.02.2012 passed by Additional
District Judge, Rajgarh, Alwar in civil regular appeal No.08/2008
reversing the judgment and decree dated 08.08.2008 passed by
Civil Judge (Sr.D.) Rajgarh, Alwar whereby the suit filed by
plaintiffs for recovery of rent and eviction was decreed.
During pendency of this second appeal, appellants have
moved an application under Order 41 Rule 27 CPC to place on
record the rent agreement dated 28.03.2014 executed between
parties, according to which respondents have evicted the suit
premise and possession has been received by appellants.
Learned counsel for respondents does not dispute the rent
agreement dated 28.03.2014.
In view of above, since the suit premise has already been
vacated by respondents and the possession has been received by
appellants, this second appeal has become infructuous.
Accordingly, the second appeal is dismissed as having
become infructuous.
Stay applicant and any other pending application(s), if any,
stand(s) disposed of.
(SUDESH BANSAL),J
TN/38
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