The High Court dismissed two civil first appeals as infructuous after the Supreme Court dismissed the related SLP and the appellants admitted handing over vacant possession of the demised premises to the respondent landlord.
The appeals are dismissed as infructuous; stay applications and pending applications are disposed of.
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.
[2023:RJ-JD:42333]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil First Appeal No. 368/2015
Sushil Kumar S/o Shri Kishori Lal, by caste Modi, R/o Ward No. 20, Old Modi Guest House, Nearby SBBJ Main Branch, Surtgarh, Proprietor Modi Cloth Emporium, Main Market, Bikaner Road, Suratgarh, District Sri Ganganagar.
----Appellant
Versus
Rajendra Kumar Daga S/o Shri Manakchand Daga, by caste Daga, R/o Ward No.24, Suratgarh, District Sri Ganganagar.
----Respondent
Connected With
S.B. Civil First Appeal No. 369/2015
1/1. Humant S/o Late Shri Bhagwan Das, Aged about 31 years, R/o Ward No.35, Suratgarh, District Sri Ganganagar.
1/2. Shanti W/o Late Shri Bhagwan Das, aged about 68 years, R/o Ward No.35, Suratgarh, District Sri Ganganagar.
1/3. Sunita W/o Shyam Lal D/o Late Shri Bhagwan Das, aged about 44 years, R/o ward No.35 Suratgarh, District Sri Ganganagar.
1/4. Sumanlata W/o Rajeev Setiya D/o Late Shri Bhagwan Das, aged about 41 years, R/o Purani Abadi, Hanumangarh Town 1/5. Neetu W/o Naresh D/o Late Shri Bhagwan Das, aged about 39 years, R/o Near Old Telephone Exchange, Suratgarh, District Sri Ganganagar.
1/6. Geeta W/o Ajeet D/o Late Shri Bhagwan Das, Aged about 35 years, R/o Near Radhaswami Satsang, Bikaner.
----Appellant
Versus
Rajendra Kumar Daga S/o Shri Manakchand Daga, by caste Daga, R/o Ward No.24, Suratgarh, District Sri Ganganagar.
----Respondent
| For Appellant(s) | : Mr. |
Devendra Singh Pidiyar for |
|---|---|---|
| Mr. | S.S. Ladrecha | |
| For Respondent(s) | : Mr. |
S.L. Jain |
(2 of 3)
[2023:RJ-JD:42333]
[CFA-368/2015]
HON'BLE MS. JUSTICE REKHA BORANA
Order
05/12/2023
"We have heard learned counsel for the petitioner.
We find no reason to interfere in our jurisdiction under Article 136 of the Constitution. The special leave petitions are, accordingly, dismissed.
However, we consider it appropriate to grant time till 31.07.2023 to the petitioner(s) to handover vacant and peaceful possession of the demised premises to the respondent(s) landlord free from all encumbrances on furnishing a usual undertaking within two weeks in the Registry of this Court. If the petitioner(s) fails to furnish the undertaking within the period stipulated, the respondent(s) will be at liberty to get the decree executed in accordance with law.
In the meanwhile, the petitioner(s) shall continue to pay mesne profit in reference to the subject property in question until handing over of a vacant and peaceful possession.
Pending applications, if any, shall stand disposed of."
Learned counsel submits that in pursuance to the above order, the vacant possession of the premise in question has been handed over to the respondent and hence, nothing survive in the present appeals.
(3 of 3)
[2023:RJ-JD:42333]
[CFA-368/2015]
(REKHA BORANA),J
237-238-Sachin/-
3 issues framed by the court
Whether the present appeals survive after the Supreme Court dismissed the Special Leave Petitions and granted time for possession.
Whether the appeals are infructuous after vacant possession of the premise was handed over.
Whether the stay and pending applications require disposal.
Colour shows how this judgement treated each authority
SLP No.1825-1826/2023 (Sushil Kumar, Etc. vs. Rajendra Kumar Daga, Etc.)Referred¶28
1 provisions across 1 enactments
Sushil Kumar
Legal Representatives of Bhagwan Das
Rajendra Kumar Daga
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
