Suresh Chand Singhal S/O Shri Shiv Lal vs Smt. Neelam Sharma W/O Shri Piyush ...
2024 Latest Caselaw 1298 Raj/2

Rajasthan High Court

Suresh Chand Singhal S/O Shri Shiv Lal vs Smt. Neelam Sharma W/O Shri Piyush ... on 26 February, 2024

Author: Ashok Kumar Jain

Bench: Ashok Kumar Jain

[2024:RJ-JP:9576]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                    S.B. Civil Second Appeal No. 308/2019

Suresh Chand Singhal S/o Shri Shiv Lal, Aged About 76 Years,
Resident Of Indira Colony, Behind Petrol Pump, Bharatpur
(Rajasthan)
                                                                        ----Appellant
                                         Versus
1.       Smt. Neelam Sharma W/o Shri Piyush Sharma, Resident
         Of Near Shastri Park, Anah Gate, Bharatpur (Rajasthan)
2.       Shri Piyush Sharma S/o Shri Khubi Ram, Resident Of Near
         Shastri Park, Anah Gate, Bharatpur (Rajasthan)
                                                                     ----Respondents


For Appellant(s)              :     Mr. Raj Kumar Goyal
For Respondent(s)             :     Mr. Rahul Kamwar



           HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

                                         Order

26/02/2024

      Mr. Rahul Kamwar while referring a copy of warrant of

possession      submitted         that     the      decree       was    executed     on

16.10.2021,         therefore,    nothing        survives       in   this   appeal   for

adjudication.

      Learned counsel for appellant submits that he has no

knowledge about execution of decree.

      Having considered the submissions of learned counsel for

parties, instant S.B. Civil Second Appeal is preferred aggrieved

from order dated 31.05.2019 in Civil Regular Appeal No. 36/2019

passed by learned Additional District Judge No.1, Bharatpur

whereby judgment and decree dated 31.03.2018 in Civil Suit No.

69/2016 was affirmed and appeal was dismissed.


                         (Downloaded on 22/03/2024 at 09:24:53 PM)
                                    [2024:RJ-JP:9576]                    (2 of 2)                    [CSA-308/2019]



                                         A perusal of report of warrant issued under Order 21 Rule 35

                                   of CPC indicated that on 16.10.2021 the possession of the suit

                                   property was handed over from the appellant-Suresh Singhal to

                                   plaintiff Neelam Sharma. As per this report, the decree has been

                                   executed and the execution proceedings are satisfied.

                                         In view of aforesaid, nothing survives in this appeal.

                                         Hence, the appeal is disposed of on the basis of statement of

                                   learned counsel for respondent.

The document submitted by learned counsel for respondent

is also taken on record.

Misc. application, if any, stands disposed of.

(ASHOK KUMAR JAIN),J

CHETNA BEHRANI /36

Powered by TCPDF (www.tcpdf.org)