In a second appeal regarding an eviction decree, the court dismissed the appeal as not pressed after counsel for both parties admitted the decree was executed and satisfied.
Second appeal dismissed; stay application and pending applications disposed of.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Second Appeal No. 276/2005
Roop Kishore Khanna S/o Shri Naval Kishore Khanna, House No.10/299, Kala Bagh, Ajmer
----Appellant-Defendant
Versus
Shri Har Kishan Mehra S/o Shri Lal Chand Mehra Now Deceased Represented Through His Legal Representatives:-
1/1. Shri Ramnath Mehra S/o Shri Har Kishan Mehra, R/o 6 H- I/306 D A Flats, Pachshim Vihar, Peeragarh, New Delhi.
1/2. Smt. Rajarani Mehra, W/o late Shri Amarnath Mehra, r/o Amar Kunj, House No.16, behind Raj Bhawan, Sodala, jaipur 1/3. Shri Shayamanath Mehra S/o Shri Har Kishan Mehra, R/o 12/56, Uma Vatsalya Bhawan, Chopasani Housing Board, Jodhpur.
1/4 Smt. Shanti Mehra D/o Shri Har Kishan Mehra through Shri Ashok Mehra, 652/24, Shakti Nagar, Sani Kripa, Khanpura Road, Ajmer.
1/5. Shri Shashi Kapoor S/o Shri Amar Nath Mehra.
1/6. Shri Anil Mehra s/o Shri Amar Nath Mehra.
1/7. Beena Kakkar D/o Shri Hari Kishan Mehra
----Respondent-Plaintiffs
For Appellant(s) : Mr. Jeetendra Mishra For Respondent(s) : Mr. Kapil Mathur
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
03/08/2022
Learned counsel for the appellant-defendant, on instructions of appellant, fairly admits that since the eviction decree passed by courts below has already been executed and the possession of the suit premise has already been taken by the respondent-landlord, therefore he does not want to pursue the second appeal on merits.
(2 of 2)
[CSA-276/2005]
Learned counsel for respondent-plaintiffs, on instructions of respondents, admits that the decree impugned for eviction as well as arrears of rent/mesne profits has been satisfied and there is nothing due against the appellant.
In view of above, the second appeal is dismissed as not press.
Stay application and any other pending application, if any, stand(s) disposed of.
(SUDESH BANSAL),J
TN/122
Roop Kishore Khanna
Shri Har Kishan Mehra (Legal Representatives)
Sudes Bansal
As recorded by the court registry
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