2023 Supreme(Online)(RAJ) 18749
HIGH COURT BENCH AT JAIPUR
ANOOP KAUSIK S/O SHRI JUGAL KISHORE KAUSIK – Appellant
Versus
LAXMAN SAINI S/O RAMJILAL – Respondent
CMA 5680 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 5680/2019
1.
Anoop Kausik S/o Shri Jugal Kishore Kausik, R/o Village
Sohasra, Tehsil Loharu, District Bhiwani, (Haryana)
Present Address 12, J.k. Nagar 200 Foot Baipass, Takar
Wala Kuwa, City And District Alwar
2.
Dilip Yadav S/o Shri Balaram Yadav, R/o 102, Chetan
Enclave, City And District Alwar
----Appellants
Versus
1.
Laxman Saini S/o Ramjilal, R/o Dhobi Ghata Present
Address R/o Jhariya Wala Kuwa, Near Budha Vihar, Alwar
2.
Hariram Saini S/o Ramjilal, R/o Dhobi Ghata Present
Address R/o Jhariya Wala Kuwa, Near Budha Vihar, Alwar
3.
Babulal Saini S/o Shri Laxminarayan Saini, R/o Jhariya
Wala Kuwa, Near Budha Vihar, Alwar
4.
Nagar Vikas Nyas Through Chairman, Office Nagar, Vikas
Nyas, Alwar Rajasthan
5.
Secretary, Nagar Vikas Nyas, Office Nagar Vikas Nyas,
Alwar
6.
Smt. Kuldeep Kaur W/o Late Mohansingh, B/c Caste Sikha
Tehsil Laxmangarh District
----Respondents
Connected With
S.B. Civil Miscellaneous Appeal No. 6049/2019
1.
Anoop Kausik S/o Shri Jugal Kishore Kausik, R/o Village
Sohasra, Tehsil Loharu, District Bhiwani (Haryana)
Present Address 12, J.k. Nagar, 200 Foot Baipass, Takar
Wala Kuwa, City And District Alwar
2.
Dilip Yadav S/o Shri Balaram Yadav, R/o 102, Chetan
Enclave, City And District Alwar
----Appellants
Versus
1.
Smt. Choti Devi W/o Shri Laxman Saini, R/o Dhobi Ghata
Present Address Jhariya Wala Kuwa, Near Badha Vihar,
Alwar Rajasthan
(2 of 2)
[CMA-5680/2019]
2.
Smt. Sushila Devi W/o Shri Hariram, R/o Dhobi Ghata
Present Address Jhariya Wala Kuwa, Near Badha Vihar,
Alwar Rajasthan
3.
Babulal Saini S/o Shri Laxmanram Saini, R/o Jhariya Wala
Kuwa, Near Budh Vihar Alwar
4.
Nagar Vikas Nyas, Through Chairman, Office Nagar Vikas
Nyas, Alwar, Rajasthan
5.
Secretary, Nagar Vikas Nyas, Office Nagar Vikas Nyas,
Alwar
6.
Smt. Kuldeep Kaur W/o Late Mohansingh, R/o Bank
Colony, Badodamew, Tehsil Laxmangarh, District Alwar
7.
Smt. Reeta S/o Sunil Kumar, R/o 270, Behind Vikas Path,
Near Khadi Ashram Alwar
----Respondents
For Appellant(s)
:
Mr. Mohit Gupta, Adv.
For Respondent(s)
:
Mr. Vinod Kumar Sharma, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
10/10/2023
Learned counsel for the appellants submits that appellants
had filed an application for restoration of the suit which was
dismissed in default vide order dated 29.11.2016. The said
application was dismissed by the trial court vide order dated
11.02.2019. Then, appellants had filed writ petitions challenging
the said order, which was allowed. So, these appeals have been
rendered infructuous.
Therefore, the Civil Miscellaneous Appeals are dismissed as
having become infructuous.
(NARENDRA SINGH DHADDHA),J
Jatin /104-105