Abdul Shaqur vs Manjur Ahmd
2023 Latest Caselaw 4766 Raj/2

[2023:RJ-JP:21950]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                     S.B. Civil First Appeal No. 103/1999

1. Abdul Shaqur Son of Shri Abdul Kadar, Resident of Chokri
Topkhana Hazuri, In front of Nakkalon Ki Haveli, Ghat Darwaja
Bazar, Jaipur (since died on 27.02.2001)
2. Abdul Kareem Son of Shri Abdul Kadar, aged about 76 years,
resident of Chokri Topkhana Hazuri, In front of Nakkalon Ki
Haveli, Ghat Darwaja Bazar, Jaipur.
                                                                       ----Appellants
                                        Versus
1. Manjur Ahmed Son of Shri Kamruddin
2. Mehraj Son of Shri Kamruddin
3. Mehfuz Son of Shri Kamruddin
4. Munna Son of Shri Nazruddin
5. Ahsan Son of Abdul Haq
All the Resident of Chokri Topkhana Hazuri, In front of Nakkalon
Ki Haveli, Ghat Darwaja Bazar, Jaipur.
                                                                     ----Respondents

For Appellant(s)              :     Mr. Mohd. Anees, Adv.
For Respondent(s)             :     Mr. Sehban Naqvi, Adv. with
                                    Mr. Dhananjay Sharma, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Judgment

DATE OF JUDGMENT 12/09/2023

Instant appeal has been filed by the appellants-plaintiffs (for

short 'the plaintiffs') against the judgment and decree dated

03.12.1998 passed by Additional District & Sessions Judge No.3,

Jaipur City, Jaipur in Civil Suit No.51/88 titled as Abdul Shaqur &

Anr. Vs. Kamruddin & Ors., whereby the suit filed by the plaintiffs

for compensation has been dismissed.

Learned counsel for the plaintiffs submits that learned court

below wrongly dismissed the suit filed by the plaintiffs seeking

[2023:RJ-JP:21950] (2 of 2) [CFA-103/1999]

compensation of Rs.1,00,000/-. Learned counsel for the plaintiffs

also submits that learned court below wrongly came to the

conclusion that criminal case was pending and decision of the suit

would affect the criminal case. So, judgment of the learned court

below be set aside.

Learned counsel for the respondents-defendants (for short

'the defendants') has opposed the arguments advanced by learned

counsel for the plaintiffs and submitted that present suit filed by

the plaintiffs was premature. So, learned court below rightly came

to the conclusion that criminal case was pending and finding of

Civil Court would affect the pending criminal case. So, learned

court below rightly dismissed the suit filed by the plaintiffs. So,

the appeal be dismissed.

I have considered the arguments advanced by learned

counsel for the plaintiffs as well as learned counsel for the

defendants.

It is an admitted position that plaintiffs had filed suit for

compensation but it is also admitted position that criminal case

was pending. So, in my considered opinion, learned court below

had not committed any error in giving the finding that decision of

the civil suit would affect the pending criminal case. So, learned

court below had not committed any error in dismissing the suit.

So, present appeal being devoid of merit, is liable to be dismissed,

which stands dismissed accordingly.

Pending application(s), if any, stand(s) disposed of.

(NARENDRA SINGH DHADDHA),J

Jatin /104

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