Disposed

Balmukund v. Bhanwar Lal

Rajasthan HC22 Jan 2021CSA/126/2018

Case brief

AI extract

What is this about?

Respondent filed an application under Section 151 CPC to dispose of a second appeal to account for subsequent events, namely his filing of a redemption suit. The court accepted assurances that possession would not be disturbed and disposed of both the application and the appeal.

What did the court decide?

The appeal filed by the appellant and the application filed by the respondent were both disposed of.

Balmukund Vs Bhanwar Lal — Property and Title | Rajasthan HC (2021)

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(1 of 2)

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[CSA-126/2018]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Second Appeal No. 126/2018

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Balmukund S/o Sh. Roop Lal Menariya, aged about 44 years R/o At presently Menariya Medical Store, Collectrate Chouraha, Chittorgarh.

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----Appellant

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Versus

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Bhanwar Lal S/o Sh. Mool Chand through the Lrs Rekha D/o Late. Bhanwar Lal Mehta R/o Shastri Nagar, Chhittorgarh.

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----Respondent

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For Appellant(s)	: Mr. N.K. Rastogi.
For Respondent(s)	: Mr. S.L. Jain.

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HON'BLE MR. JUSTICE ARUN BHANSALI Order

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22/01/2021

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An application has been filed by the respondent under Section 151 CPC seeking disposal of appeal in view of the subsequent events.

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It is inter-alia indicated in the application that suit was filed by the appellant for permanent injunction which was decreed by Additional Civil Judge (Senior Divison) No.1, Chhitorgarh, directing permanent injunction restraining the respondent/defendant from dispossessing the plaintiff without following due process of law.

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Feeling aggrieved, the respondent filed first appeal.

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The First Appellate Court by its judgment and decree dated 16.02.2018 set aside the judgment passed by the trial court, against which, the present Second Appeal has been filed, wherein, on 12.07.2018, status quo regarding possession of the suit property was ordered to be maintained.

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(2 of 2)

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[CSA-126/2018]

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It is submitted that the respondent/defendant has now filed a suit for redemption of mortgage in compliance of the judgment and decree passed by the trial court, which suit has been registered as Civil Original Suit No.18/2020 and the appellant herein has also filed a written statement.

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It is submitted that in view of the said subsequent events, whereby, the respondent in whose favour the first appellate court has passed the judgment, has decided to follow the decree of the trial court, the present appeal may be disposed of in light of the said subsequent events.

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Learned counsel for the appellant though did not dispute the said facts, however, expressed apprehension that plaintiff’s possession even during the pendency of the now filed suit, may be disturbed.

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Learned counsel for the respondent submitted that once the proceedings have been initiated, there is no question of the respondent/defendant taking any action to dispossess the appellant.

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In view of the above fact situation, the appeal filed by the appellant on account of the subsequent events of the filing of the suit by the respondent/defendant and learned counsel for the respondent assuring that the appellant shall not be dispossessed without due process of law, the appeal filed by the appellant as well as the application filed by the respondent are disposed of.

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(ARUN BHANSALI),J

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86-pradeep/-

Balmukund v. Bhanwar Lal

Case brief

What is this about?

What did the court decide?

Balmukund v. Bhanwar Lal

Case brief

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What did the court decide?

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