2023 Supreme(Online)(Raj) 18097
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
ARUN MONGA
BOGI DEVI @ SUMITRA DEVI AND ORS – Appellant
Versus
ROHTASH KUMAR AND ORS – Respondent
CW / 9263 / 2016
[2023:RJ-JD:38105]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9263/2016
1. Bogi Devi @ Sumitra Devi W/o Late Sh. Krishan Kumar, S/o Late Sh. Shyolal.
2. Gajendra S/o Late Sh. Krishan Kumar.
3. Rajesh S/o Sh. Late Sh. Krishan Kumar.
All are R/o. Silwan Khurd, at present Village Kular, Tehsil Abohar, District Firozpur (Punjab).
4. Chandar D/o Late Sh. Krishan Kumar W/o Late Sh. Sukhdev B/c Jat, R/o Malot, Tehsil Malot, District Muktsar, (Punjab).
----Petitioner Versus
1. Rohtash Kumar S/o. Sh. Dayanand, B/c Jat, R/o Killipura, Tehsil Taranagar, District Churu.
Performa Respondents:-
1. Mohan Lal S/o Late Sh. Gurdayal.
2. Indraj S/o Late Sh. Gurdayal.
3. Maniram S/o Late Sh. Gurdayal.
4. Dhumli Devi W/o Late Sh. Gurdayal.
All are R/o Village Bhodan, Tehsil Buhana, District Jhunjunu.
5. Vimla Devi @ Ghotli D/o Late Sh. Gudrayal W/o Sh. Tarachand Gurjar R/o Kalota, Tehsil Khetari, District Jhunjhunu.
6. Leela Devi @ Leelu Bai o Late Sh. Gurdayal Wo Maduram R/o Kheroli, Tehsil Narnol, District Mahendragarh Haryana.
7. Bhulli Bai D/o Late Sh. Durdayal W/o Sri Krishna, R/o Kheroli, Tehsil Narnol, District Mahendragarh Haryana.
8. Mukesh Bai D/o Late Sh. Gurdayal W/o Sh. Dholu R/o Gothdi, Tehsil Narnol, District Mahendragarh, Haryana.
----Respondent Connected With S.B. Civil Writ Petition No. 9823/2016
1. Bhoop @ Bhupendra S/o Sh. Chunni Lal, Aged about 52 years.
2. Gyan Prakash S/o Chunnilal Aged about 50 years, 3. Kailash Devi W/o Late Sh.Indrasen S/o Chunnilal, Aged about
43 years, 4. Vikram S/o Late Sh. Indrasen, Aged about 23 years, 5. Vijeta D/o Late Sh. Indrasen, Aged about 24 years, All B/c Jat, R/o Silwala Khurd, Tehsil Tibbi, District Hanumangarh.
----Petitioner Versus
1. Rohtash Kumar S/o Sh. Dayanand, B/c Jat, R/o Killipura, Tehsil Taranagar, District Churu.
Performa Respondents:-
2. Mohan Lal S/o Late Sh. Gurdayal.
2. Indraj S/o Late Sh. Gurdayal.
3. Maniram S/o Late Sh. Gurdayal.
4. Dhumli Devi W/o Late Sh. Gurdayal.
All are R/o Village Bhodan, Tehsil Buhana, District Jhunjunu.
5. Vimla Devi @ Ghotli D/o Late Sh. Gudrayal W/o Sh. Tarachand Gurjar R/o Kalota, Tehsil Khetari, District Jhunjhunu.
6. Leela Devi @ Leelu Bai o Late Sh. Gurdayal Wo Maduram R/o Kheroli, Tehsil Narnol, District Mahendragarh Haryana.
7. Bhulli Bai D/o Late Sh. Durdayal W/o Sri Krishna, R/o Kheroli, Tehsil Narnol, District Mahendragarh Haryana.
8. Mukesh Bai D/o Late Sh. Gurdayal W/o Sh. Dholu R/o Gothdi, Tehsil Narnol, District Mahendragarh, Haryana.
----Respondent For Petitioner(s) : Mr. Sushil Bishnoi For Respondent(s) : Mr. Moti Singh HON'BLE MR. JUSTICE ARUN MONGA
Order
06/11/2023 Learned counsel for the petitioners draws attention of this Court on a compromise order dated 06.09.2023 passed in Civil Suit No.43/2022, which is annexed with an application (I.A. No.01/23) in S.B. Civil Writ Petition No.9263/2016, whereby the respondent- Rohtash Kumar, who was added as a defendant vide the impugned order has amicably settled the matter with the petitioners.
In view thereof, I am of the view that since the respondent has himself settled the matter with the plaintiff, there is thus no requirement of his being added as defendant in the trial proceedings.
In the premise, the impugned order looses its relevance and the same is set aside.
The present writ petitions are disposed of accordingly.
Pending application(s), if any, shall also stand disposed of.
(ARUN MONGA),J
56-57-Shahenshah/-