DINESH MEHTA
Deceased Kasam Bhai – Appellant
Versus
Deceased Abdul Razzak – Respondent
JUDGMENT
1. Learned counsel for the petitioner does not press the second stay petition. The same is, therefore, dismissed as not pressed.
2. Learned counsel for the parties submit that the matter may be heard on its merit today itself, as the proceedings of the Trial Court have been stayed.
3. By way of the present writ petition, the petitioner has challenged the order dated 07.12.2016, passed by the learned Senior Civil Judge, Sumerpur, District Pali (hereinafter referred to as 'the Trial Court')-
4. The present petitioner's father, Kasam Bhai, had instituted a suit for recovery of arrears of rent and possession of the shop against the defendant.
5. The suit was initially decreed, vide judgment and decree dated 31.08.1994 and appeal there against was decided by the learned Additional District Judge, Bali, District Pali, vide judgment dated 18.11.1998 and the matter was remanded back to the Trial Court.
6. The judgment aforesaid, passed by the learned Appellate Court, has been affirmed by this Court vide its judgment dated 06.08.2015.
7. During the remand proceedings, the defendant moved amendment application, which was allowed by the Trial Court. Consequently, the defendant changed his s
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