[2025:RJ-JP:27565] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 207/1999 1. Pramanand S/o Topandas Through Legal Representatives (Already On Record) 1/1 Bharat Jethwani son of Late Paramanand Sindhi resident of Guman Pura, Kota, Distt. Kota 1/2 Smt. Swati Gurbani daughter of Late Paramanand Sindhi wife of Sri Nirmal Gurbani, resident of 202, Kanwar Nagar, behind Chandi Ki Taksal, Jaipur 1/3 Smt. Preeti Jagtyani daughter of Late Paramanand Sindhi wife of Sri Hari jagtyani, resident of Sayaji Ganj, Baroda, Gujarat 1/4 Smt. Chitra Gopalani daughter of Late Paramanand Sindhi wife of Sri Narendra Gopalani, resident of Parishram Apartments behind Row Safali Road, Ahmdabad, Gujarat 2. Nav Bharat Agencies Sabjii Mandi, Kota, Through Bharat Jethwani S/o Late Paramanand Sindhi ----Appellants/Defendants Versus Kanwarbhan Ahuja S/o Shankar Das, House No. 532, Shastri Nagar, Dada Bari, Kota, Distt. Kota ----Respondent/Plaintiff Connected With S.B. Civil Second Appeal No. 359/1999 Kanwar Bhan Ahuja S/o Shankar Das ji Ahuja, resident of 532, Shastri Nagar, Kota, (Rajasthan) ----Plaintiff/Appellant Versus 1. Pramanand S/o Topandas Through Legal Representatives (Already On Record) 1/1 Bharat Jethwani son of Late Paramanand Sindhi resident of Guman Pura, Kota, Distt. Kota 1/2 Smt. Swati Gurbani daughter of Late Paramanand Sindhi wife of Sri Nirmal Gurbani, resident of 202, Kanwar Nagar, behind Chandi Ki Taksal, Jaipur 1/3 Smt. Preeti Jagtyani daughter of Late Paramanand Sindhi wife of Sri Hari jagtyani, resident of Sayaji Ganj, Baroda, Gujarat [2025:RJ-JP:27565] (2 of 3) [CSA-207/1999] 1/4 Smt. Chitra Gopalani daughter of Late Paramanand Sindhi wife of Sri Narendra Gopalani, resident of Parishram Apartments behind Row Safali Road, Ahmdabad, Gujarat 2. Nav Bharat Agencies Sabjii Mandi, Kota, Through Bharat Jethwani S/o Late Paramanand Sindhi ----Defendants/Respondents For Appellant(s) : Mr. Shubham Kumar Sharma for Mr. R.K. Agarwal For Respondent(s) : Mr. M.M. Ranjan, Sr. Adv. with Mr. Lokesh Tiwari( for appellant in 359/1999) HON'BLE MR. JUSTICE MANEESH SHARMA Order 23/07/2025 S.B. Civil Second Appeal No. 207/1999 1. Learned counsel for the appellant submits that present second appeal has been filed against the judgment and decree dated 27.02.1999, whereby the civil regular appeal No.17/98 was partly allowed and the judgment and decree dated 30.08.1988 passed by Additional CJM, No.2, Kota in Civil Suit No.106/83 has been set aside. 2. He further submits that the appellant was tenant of respondent-Kanwarbhan Ahuja in respect of the suit premises and during pendency of the present appeal, the appellant has purchased the suit premises from the respondent-plaintiff, therefore, cause of action in the present appeal does not survive and this appeal has become infructuous. 3. This submission has not been strongly opposed by the learned counsel for the respondent-plaintiff. [2025:RJ-JP:27565] (3 of 3) [CSA-207/1999] 4. In view of above, the present second appeal is dismissed as having become infructuous, however, liberty is granted to both the parties that in case, any cause of action still survives, they are at liberty to move appropriate application for recalling of the present appeal. 5. All other pending application(s), if any, stands disposed of. S.B. Civil Second Appeal No. 359/1999 1. Counsel for the appellant submits that during the pendency of the appeal, respondent has purchased the tenanted premises from the appellant, therefore, present appeal has become infructuous. 2. This submission has not been opposed by the learned counsel the respondent-tenant. 3. In view of above, the present second appeal is dismissed as having become infructuous, however, liberty is granted to both the parties that in case, any cause of action still survives, they are at liberty to move appropriate application for recalling of the present appeal. 4. All other pending application(s), if any, stands disposed of. (MANEESH SHARMA),J SOURAV /7-8