The Single Bench of the Rajasthan High Court, Jaipur, dismissed a first appeal as infructuous because the parties admitted that possession of the suit property had already been handed over. Consequently, the interim order was vacated.
Interim order dated 10.12.1997 is vacated and stay application is dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 324/1997
Both are residnet of Village Mukandgarh, Tehsil Nawalgarh, District Jhunjhunu through their Power of Attorney holder Raman Kumar Jat son of Shri Subh Karan Jat, aged about 26 years, resident of town Mukandgarh Mandi, Tehsil Nawalgarh, District Jhunjhunu. The deed of Power of Attorney has already been submitted before the learned Trial Court as Exhibit-A/4.
----Plaintiffs/Appellants
Versus
Plaintiff respondent
----Formal Defendant/ Respondent
For Appellant(s) : Mr. S.C. Gupta, Advocate (through VC) For Respondent(s) : Mr. Rohan Agarwal, Advocate (through VC)
HON'BLE MR. JUSTICE PRAKASH GUPTA Order
10/01/2022
Learned counsel for the respondents submits that since possession of the suit property has already been handed-over to the appellants, therefore this appeal has been rendered infructuous.
Learned counsel for the appellants is not in a position to deny the same.
Accordingly, the first appeal is dismissed as having become infructuous.
Consequent to dismissal of the appeal, interim order dated 10.12.1997 passed by the Co-ordinate Bench of this Court is vacated and stay application stands dismissed.
(PRAKASH GUPTA),J
KuD/17
Ram Gopal Gurjar
Ashok Kumar
Kailash Chand
Sridhar Jangid
Prakash Gupta
As recorded by the court registry
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