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2025 DAILYLAW 40200 (RAJ)

SMT MUNNI DEVI v. SMT GEETA DEVI AND ORS

CFA/460/2008 · 2025-08-06

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:30340] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 460/2008 Smt. Munni Devi W/o Shri Deen Dayal Deceased Through Its Legal Representatives- 1/1. Deendayal S/o Ramakishan (Husband) 1/2. Vinod Kumar Badech S/o Deendayal (son) Both resident of Village Nechwa, Tehsil Laxmangarh, District Sikar (Raj.). 1/3. Smt. Sarita W/o Ajay Kumar (daughter) resident of Khandela Bazar, Rinku Iron Store, Srimadhopur, District Sikar (Raj.). ----Plaintiffs/Appellants Versus 1. Geeta Devi W/o Late Sh. Ramavatar, R/o Nechwa, Tehsil Laxmangarh, Distt. Sikar Raj. 2. Vimal Kumar S/o Late Sh. Ramavatar, R/o Nechwa, Tehsil Laxmangarh, Distt. Sikar Raj. 3. Bhagirath S/o Late Sh. Ramavatar, R/o Nechwa, Tehsil Laxmangarh, Distt. Sikar Raj. 4. Ramesh Kumar S/o Late Sh. Ramavatar, R/o Nechwa, Tehsil Laxmangarh, Distt. Sikar Raj. 5. Pradeep Kumar S/o Sh. Roop Chand, R/o Village Nechwa, Tehsil Laxmangarh, Distt. Sikar Raj. 6. Vimal Kumar S/o Jhabarmal, R/o Village Salasar, Distt. Churu. ----Defendants/Respondents For Appellant(s) : Mr. Ajeet Kumar Bhandari, Senior Advocate assisted by Mr. Jai Sharma For Respondent(s) : Mr. P.C. Sharma HON'BLE MR. JUSTICE GANESH RAM MEENA Order 06/08/2025 An application (IA No.02/2025) has been filed by the appellant under Section 151 CPC for taking subsequent events on record. [2025:RJ-JP:30340] (2 of 3) [CFA-460/2008] Mr. Ajeet Kumar Bhandari, Senior Advocate assisted by Mr. Jai Sharma appearing for the appellant submits that the learned Additional District Judge, Sikar while allowing the counter claim of the respondents No.5 and 6 and ordered that the appellant- plaintiff shall handover the possession of the suit property to the respondents No.5 and 6. He further submits that during pendency of this appeal, the respondents No.5 & 6, namely, Pradeep Kumar and Vimal Kumar respectively by a registered sale deed dated 12.02.2025 has sold the suit property to the appellant though, the suit property was already in possession of the appellant. Since the sale deed dated 12.02.2025 is material document which is relevant for proper adjudication of this appeal, the Court deems just and proper to take it on record. Accordingly, the application (IA No.02/2025) is allowed and the registered sale deed dated 12.02.2025 is taken on record. The present appeal has been preferred by the appellant with a challenge to the judgment and decree dated 18.09.2008 passed by the Court of learned District Judge, Sikar, whereby, the counter claim filed by the respondents No.5 and 6 against the plaintiff- appellant was decreed and the appellant-plaintiff was directed to handover physical possession of the suit property to the respondents No.5 and 6. The suit property has now been sold to the appellant by the respondents No.5 and 6 vide registered sale deed dated 12.02.2025. [2025:RJ-JP:30340] (3 of 3) [CFA-460/2008] Mr. P.C. Sharma, learned counsel appearing for the respondent No.6 does not dispute the fact of sale of the suit property to the appellant by the decree holders. Accordingly, the present appeal is disposed of in view of the subsequent development i.e. sale of the suit property by the respondents No.5 and 6 in favour of the appellant. Stay application as well as pending application, if any, also stands disposed of. (GANESH RAM MEENA),J Ashish Kumar /41