[2025:RJ-JP:849] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 958/2011 1. Ramswaroop S/o Shri Gangaram, Through Om Laxmi Mishthan, Chandpole Bazar, Jaipur 2. Omprakash S/o Shri Gangaram, Through Om Laxmi Mishthan, Chandpole Bazar, Jaipur ----Appellants Versus 1. Smt. Saroj Devi W/o Late Shri Brij Kishore, House No. 3375, Neendadrao Ji Ka Rasta, Jaipur 2. Govind Kumar S/o Late Shri Brij Kishore, House No. 3375, Neendadrao Ji Ka Rasta, Jaipur 2/1. Akta d/o Shri Govind Kumar 2/2. Shweta d/o Shri Govind Kumar 2/3. Ankita d/o Shri Govind Kumar Resident of House No.3375 Neendad Rao Ji Rasta, Chandpole Bazar, Jaipur. Presently residing at D-45, Dwarkapuri, Sanjay Colony, Nehru Nagar, Panipech, Jaipur 3. Anil Kumar S/o Late Shri Brij Kishore, House No. 3375, Neendadrao Ji Ka Rasta, Jaipur 4. Sushil Kumar S/o Late Shri Brij Kishore, House No. 3375, Neendadrao Ji Ka Rasta, Jaipur 5. Smt. Anuradha Agrawal W/o Shri Lalit Kishore, D/o Late Shri Brij Kishore, resident of third Chouraha, KGB Ka Rasta, Johari Bazar, Jaipur. 4849, Agarwal College Ke Samne Wali Gali, Shyam Electricals, Thakur Pachewar Ka Rasta, Near Sanganeri Gate, Jaipur ----Respondents For Appellant(s) : Ms. Anita Agarwal with Mr. Anubhav Agarwal and Mr. Laxmikant Tailor For Respondent(s) : Mr. yashwardhan Nandwana Mr. Premchand Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN [2025:RJ-JP:849] (2 of 2) [CSA-958/2011] Order 07/01/2025 1. Instant second appeal is preferred by appellant tenant aggrieved from dismissal of civil regular appeal No.27/2010 (96/2010) on 23.09.2011 by learned Additional District Judge (Fast Track Court) No.5 Jaipur Metro affirming the judgment and decree for eviction and arrear of rent with permanent injunction dated 09.03.2010 in civil suit No. 317/1995 filed by plantiff Brij Kishore (died) by LRs. 2. During pendency of this appeal, the suit property was purchased by grandson of appellant Ramswaroop from respondent Nos. 1 to 5. Afterwards application No.02/2024 is filed jointly by the parties for disposal of appeal before this Court. 3. Having considered the submissions of learned counsel for the parties, and on perusal of statement in the application, instant second appeal is hereby allowed and judgment dated 09.03.2010 in civil suit No.317/1995 passed by learned Additional Civil Judge (Senior Division) No.6, Jaipur City, Jaipur affirmed by appellate court on 23.09.2011 is hereby set aside. As a result, civil suit filed by plaintiff deemed to be dismissed from the date of purchase of property by grandson of appellant Ramswaroop. 4. Pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /68