HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Second Appeal No. 26/2020

Subhash Chandra Kumawat Son Of Shri Dwarka Prasad, Aged

About 48 Years, Resident Of Vidhyarthi Bhawan Ke Pass, Modi

Road, Jhunjhunu (Rajasthan)

----Appellant-Plaintiff

Versus

1.

Pooran Mal Son Of Shri Bholaram, Resident Of Chawsari,

Tehsil Udaipurwati, District Jhunjhunu (Died During Suit)

Through Lrs

1/1.

Suresh Kumar Son of Late Shri Pooran Mal, Resident Of

Chawsari, Tehsil Udaipurwati, District Jhunjhunu

1/2.

Vinod Kumar Son of Late Shri Pooran Mal, Resident Of

Chawsari, Tehsil Udaipurwati, District Jhunjhunu

1/3.

Mukesh Kumar Son of Late Shri Pooran Mal, Resident Of

Chawsari, Tehsil Udaipurwati, District Jhunjhunu

1/4.

Prabhu Dayal Son of Late Shri Pooran Mal, Resident Of

Chawsari, Tehsil Udaipurwati, District Jhunjhunu

1/5.

Sambhu Dayal Son of Late Shri Pooran Mal, Resident Of

Chawsari, Tehsil Udaipurwati, District Jhunjhunu

1/6.

Smt. Santara Wife of Late Shri Pooran Mal, Resident Of

Chawsari, Tehsil Udaipurwati, District Jhunjhunu

1/7.

Ms. Sita Daughter of Late Shri Pooran Mal, Resident Of

Chawsari, Tehsil Udaipurwati, District Jhunjhunu

1/8.

Ms. Mamta Daughter of Late Shri Pooran Mal, Resident Of

Chawsari, Tehsil Udaipurwati, District Jhunjhunu

2.

Matadeen, Son Of Shri Bholaram, Resident Of Chawsari,

Tehsil Udaipurwati, District Jhunjhunu (Died During Suit)

Through LRs

2/1.

Smt. Banarsi Devi Wife of Late Shri Matadeen, Resident

Of Chawsari, Tehsil Udaipurwati, District Jhunjhunu

2/2.

Sushil Kumar Son of Late Shri Matadeen, Resident Of

Chawsari, Tehsil Udaipurwati, District Jhunjhunu

2/3.

Babu Lal Son of Late Shri Matadeen, Resident Of

Chawsari, Tehsil Udaipurwati, District Jhunjhunu

2/4.

Vinod Kumar Son of Late Shri Matadeen, Resident Of

Chawsari, Tehsil Udaipurwati, District Jhunjhunu

(2 of 2)

[CSA-26/2020]

2/5.

Mahendra Son of Late Shri Matadeen, Resident Of

Chawsari, Tehsil Udaipurwati, District Jhunjhunu

2/6.

Ashok Son of Late Shri Matadeen, Resident Of Chawsari,

Tehsil Udaipurwati, District Jhunjhunu

2/7.

Smt. Manju Devi Daughter of Late Shri Matadeen Wife of

Shri Ramesh Kumar, Resident Of Rishipura Mohalla,

Purana Bus Stand Gudagaurji, Tehsil Udaipurwati, District

Jhunjhunu

----Respondents

For Appellant(s)

:

Mr. Mohd. Adil, Advocate

For Respondent(s)

:

Mr. Arun Singh Shekhawat, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

04/01/2022

It is submitted by learned counsel for the appellant that

the parties have amicably settled the matter out of the Court and

as per the settlement the possession of the suit premises has

been handed over by the tenant to the landlord and in lieu thereof

the landlord will not get/recover the amount from the tenant as

per the judgment passed by the Courts below. Thus in view of the

aforesaid settlement, this second appeal has been rendered

infructuous.

The second appeal is dismissed as having become

infructuous.

Consequent upon the dismissal of the second appeal,

interim order, if any, stands vacated and the stay application also

stands dismissed.

(PRAKASH GUPTA),J

Mohit-32