In an appeal regarding suit property, the Apex Court found that the dispute was amicably settled between the parties and the subject matter was vacated and handed over. The court held the second appeal becoming infructuous and dismissed it without a full hearing.
The second appeal is dismissed as having become infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Second Appeal No. 189/1997
1/3. Anisha Bano D/o Late Shri Kallu Bhai, aged about 35 years, 1/4. Shamim Bano D/o Late Shri Kallu Bhai, aged about 30 years,
Resident of Mohalla Kunjada Gali, Tehsil Jhalaranpatan, District Jhalawar
----Appellants
Versus
2/1. Mohammed Akthar Alam S/o Late Shri Mohammed Makbool Alam, Mohalla Kunjda Gali, Jhalwar (Rajasthan)
2/2. Mohammed Anwar Alam S/o Late Shri Mohammed Makbool Alam, District & Session Judge, Hanumangarh, District Hanumangarh, Raj.
2/3. Smt. Anisa Alam D/o Late Shri Mohammed Makbool Alam, W/o Shri Ammanulla Khan, Nayapura, Kota.
2/4. Smt. Yasmin Abrar D/o Late Shri Mohammed Makbool Alam, W/o Shri Dr. Abrar Ahamed, Abrar Farm House, Swaimadhopur, District Swaimadhopur.
2/5. Smt. Shahin Alam, D/o Late Shri Mohammed Makbool Alam, W/o Dr. Asharaf Pathan, R/o Assistant Director Higher Education Department, Jaipur.
----Respondents
For Appellant(s) : Mr. Ranvijay Singh for Mr. Anil Mehta, Sr. Adv. For Respondent(s) : Mr. Pratyush Sharma
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
(2 of 2)
[CSA-189/1997]
04/07/2022
Pursuant to the previous order sheet dated 14.07.2016, counsel for both parties on instructions of their clients submits that since parties have amicably settled the dispute out of Court and suit property has been vacated and handed over to respondent. Hence, the second appeal has become infructuous.
In view of above, the second appeal is dismissed as having
become infructuous.
(SUDESH BANSAL),J
NITIN /110
1 issue framed by the court
Whether the second appeal should be decided given the parties have amicably settled the dispute and the suit property has been vacated and handed over.
Hamida Bai
Islam Mohammad
Anisha Bano
Shamim Bano
Mohammed Akhatar Alam
Mohammed Makbool Alam
Sudesh Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
