Kishan Lekhi And Ors vs Damodar Lal
2022 Latest Caselaw 7242 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Civil Second Appeal No.165/2008
1.      Kishan Lekhi S/o Late Shri U.s. Lekhi, R/o Tiwari Building,
        Opp. Surya Mahal, M.i. Road, Jaipur.
2.      Vipin
3.      Deepak
4.      Pradeep
        Nos.2 to 4 are sons of Shri Jagdish Lekhi, R/o Tiwari
        Building Opp. Surya Mahal, M.i. Road, Jaipur (Rajasthan).
                                              ----Appellants-Defendants
                                   Versus
Damodar Lal S/o Shri Mahadev Mistri, R/o Roduram Building,
Opp. Niroj Restaurant, M.i. Road, Jaipur Rajasthan.
                                                 ----Respondent-Plaintiff

Connected With S.B. Cross Objection (Civil) No.4/2009

1. Kishan Lekhi S/o Late Shri U.s. Lekhi, R/o Tiwari Building, Opposite Surya Mahal, M.i. Road, Jaipur.

2. Vipin

3. Deepak

4. Pradeep All sons of Shri Jagdish Lekhi, R/o Tiwari Building Lekhi, Opposite Surya Mahal, M.i. Road, Jaipur.

----Appellant-Defendants Versus Damodar Lal S/o Shri Mahadev Mistry, R/o Roduram Building, Opposite Niroj Restaurant, M.i. Road, Jaipur Rajasthan.

                                                 ----Respondent-Plaintiff


For Appellant(s)         :     Mr. R.K. Agarwal, Sr. advocate
                               assisted by Ms. Sunita Pareek
For Respondent(s)        :


            HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order
14/11/2022

1. Appellants-defendants have preferred this civil second appeal

against the judgment and decree dated 06.02.2008 passed in Civil

Appeal No.23/07 by the court of Additional District Judge (FT)

No.3, Jaipur City, Jaipur whereby the appeal filed by respondent-

(2 of 2) [CSA-165/2008]

plaintiff was partly allowed and set aside the judgment and decree

dated 25.10.2007 passed in Civil Suit No.15/2005 by the Court of

Civil Judge (Jr. Division), Jaipur City (West), Jaipur whereby the

suit for permanent injunction filed by respondent-plaintiff has

been dismissed. The sole respondent-plaintiff has also filed cross

objection No.4/2009.

2. From the report of notice of sole respondent-plaintiff, it has

been reported on 17.10.2019 that Damodar Lal has passed away.

3. None of the parties has taken any step for substitution of

legal representatives of deceased respondent-plaintiff-Damodar

Lal. On instructions of his clients through written letter, it has also

been informed that appellants are no more interested in pursuing

the second appeal.

4. For reasons mentioned hereinabove, the second appeal along

with Cross Objection are dismissed.

5. All pending application(s), if any, stand(s) disposed of.

(SUDESH BANSAL),J

SAURABH/92-93

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