SHAQOOR KHAN Vs. MOHAMMED IBRAHIM

JUDGEMENT

(1.) THIS petition has been filed challenging the order dated 10th August, 2009 passed by the learned Addl. District and Session Judge (Fast Track), No.3, Jaipur City, Jaipur dismissing the petitioner's miscellaneous appeal against the order dated 10th February, 2009 passed by the Additional Civil Judge (Jr.Division) Jaipur City (East), Jaipur in turn dismissing the application under Section 151 of CPC filed by the petitioner-plaintiff (hereinafter plaintiff) for recalling the order dated 3rd December, 2003 whereby the suit laid by the petitioner was dismissed for non-prosecution on the say of the counsel for the plaintiff.

(2.) MR . Mahesh Gupta counsel for the respondents submits that in respect of the very property in issue, a suit was laid by one Mohd. Ibrahim respondent no.1 herein before the Additional District Judge, No.2, Jaipur against the plaintiff herein Shaqoor Khan and others for partition and permanent injunction. The said suit was decreed in favour of Mohd. Ibrahim by the trial court on 31st May, 2003 and appeal thereagainst is pending before this court numbered as RFA No. 472/2003. It is submitted that Mohd. Ibrahim's suit for partition and injunction inter alia against the plaintiff herein having been decreed there was absolutely nothing to argue in the suit for injunction simplicitor filed by the plaintiff Shaqoor Khan therein. He submits that in such circumstances the counsel for the plaintiff made a statement with regard to not pressing the said suit. It is submitted that the rights of the parties will be determined in the RFA no. 472/2003 pending before this court against the judgment and decree dated 31st May, 2003 passed by the Addl. District Judge, No.2, Jaipur City.