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2025 DAILYLAW 5477 (RAJ)

OMPRAKASH v. ARSAD ALI AND ORS

CMA/719/2017 · 2025-07-30

Maneesh Sharma

body2025

Judgment text

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[2025:RJ-JP:28995] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 719/2017 Omprakash S/o Shri Ram Chandra, R/o Beswa, Tehsil Fatehpur, District Sikar, Presently Residing 603, Vatika Township, Surat Gujrat Through Son And Power Of Attorney Holder Sunil S/o Shri Omprakash, R/o Beswa, Tehsil Fatehpur, District Sikar, Presently Residing 603, Vatika Township, Surat Gujrat ----Defendant/Appellant Versus 1. Arsad Ali S/o Shri Asgar Khan, R/o Village Beswa, Tehsil Fatehpur, District Sikar ---Plaintiff/Respondent 2. Mehboob Khan S/o Shri Nooruddin Khan, R/o Village Beswa, Tehsil Fatehpur, District Sikar 3. Nawab Khan S/o Shri Ahmed Khan, R/o Village Beswa, Tehsil Fatehpur, District Sikar 4. Sub Registrar, Fatehpur Shekhawati, District Sikar Rajasthan 5. State Of Rajasthan Through Chief Secretary, Jaipur Rajasthan 6. Iqbal S/o Shri Asgar Khan, R/o Village Beswa, Tehsil Fatehpur, District Sikar 7. Saduley Khan S/o Shri Munnu Khan, R/o Village Beswa, Tehsil Fatehpur, District Sikar ----Defendants/Respondents For Appellant(s) : Mr. Alok Sogani For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order 30/07/2025 The present appeal has been filed by the defendant/appellant under Order 43 Rule 1 of the CPC, assailing the impugned order dated 10.11.2016 passed by learned Presiding Officer, Additional [2025:RJ-JP:28995] (2 of 2) [CMA-719/2017] District & Sessions Judge, Fatehpur, District Sikar in Civil Miscellaneous Case No.39/2016 titled as ‘Arsad Ali Vs. Omprakash & Ors.’, whereby the temporary injunction application has been allowed. During the course of arguments, the learned counsel for the defendant/appellant submits that the main suit No.50/2016, titled as ‘Arsad Ali Vs. Omprakash & Ors.’, has already been decided by the learned trial Court on 04.08.2023. Therefore, this appeal has been infructuous. Accordingly, the present appeal is dismissed as having become infructuous. Pending application(s), if any, stand(s) disposed of. (MANEESH SHARMA),J Seema/43