High CourtsSingle Bench(2023) 07 RAJ CK 0098

State Of Rajasthan And Others vs Narpendra Prakash Sharma And Others

Rajasthan High Court · Decided on 28 July 2023

HON’BLE JUDGES
Rekha Borana, J
RESULT
Dismissed
CASE NUMBER
Civil Revision Petition No. 14 Of 2020

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Judgment

10 paragraphs · 268 words

Rekha Borana, J

1.

The present revision petition is reported to be barred by 51 days.

2.

An application under Section 5 of the Limitation Act has been filed for condonation of delay.

3.

For the reasons stated in the application, the same is allowed. The delay in filing the present revision petition is condoned.

4.

The present revision petition has been preferred against order dated 15.07.2019 passed by Civil Court, (JD) North Udaipur whereby the objections as preferred by petitioner-State and Commissioner, Devasthan Department under Order 21 Rules 97, 99, 101 of the Code of Civil Procedure had been rejected.

5.

Vide the objections, the State authorities prayed for staying of the warrant of possession as issued in favour of respondent No.1-Narpendra Prakash Sharma.

6.

Learned counsel Mr. Mahesh Thanvi appearing for respondent No.1 submitted that the execution petition itself has finally been disposed of on 10.05.2022 and possession of the property in dispute has been handed over by respondent Nos.2 to 10 to respondent No.1 in pursuance to the decree. A copy of the order dated 10.05.2022 reflecting the factum of handing over of possession has been placed on record today.

7.

Learned counsel Ms. Avya Gupta appearing for respondent Nos.2 to 10 also admits that possession has been handed over by them to respondent No.1.

8.

In view of the fact that the execution petition wherein the objections were preferred by petitioner-State has itself been decided, no cause survives in the present revision petition and the same is therefore, dismissed as having become infructuous.

9.

Stay petition and all pending applications also stand disposed of.