// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.4609/2004 Pushpa Devi W/o late Shri Bithal Das Mahajan and Others Versus The Additional Civil Judge (Sr. Div.), Baran and Others Date of Order ::: 23.04.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri R.K. Agrawal, Counsel for petitioners Shri Alok Garg, Counsel for respondents #### By the Court:- Heard learned counsel for the parties. The plaintiff-respondents No.2 and 3 filed a suit for eviction in respect of rented premise against the defendant- petitioners which was decreed by the trial court and the first appeal against that decree was also dismissed on 27th March, 2004. Thereafter the decree-holder moved an application in the Executing Court for delivery of possession on 7th April, 2004 and possession of the rented premise was delivered to decree-holder on 14th May, 2004. The judgment-debtor thereafter moved an application in the Executing Court for restoration of the possession on the ground that decree could not have been executed within a period of two months from the date of appellate court's order dismissing their appeal. The said application was dismissed vide order dated 6th July, 2004. The said order is under challenge in this writ petition preferred by the defendants. During the course of arguments, the learned counsel for // 2 // both the parties admitted that against the appellate court's order dated 27th March, 2004 a civil Second Appeal No.235/2004 was preferred by the defendant-petitioners and the same has been dismissed by this Court on 14th August, 2007, therefore, nothing remains to be decided by this Court in this writ petition and the same has become infructuous. The writ petition is accordingly dismissed as having become infructuous. (Narendra Kumar Jain) J. //Jaiman// // 3 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Stay Application No.3916/2004 In S.B. Civil Writ Petition No.4609/2004 Pushpa Devi W/o late Shri Bithal Das Mahajan and Others Versus The Additional Civil Judge (Sr. Div.), Baran and Others Date of Order ::: 23.04.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri R.K. Agrawal, Counsel for petitioners Shri Alok Garg, Counsel for respondents #### By the Court:- Consequent upon dismissal of the writ petition itself, the stay application, filed therewith, does not survive and the same is also dismissed. (Narendra Kumar Jain) J. //Jaiman//