HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2185/2022
1. Asha Ram S/o Late Sanwarmal (Sanwariya), Aged About 30 Years, By Caste Jat (Diya) R/o Rayala, Tehsil Banera, District Bhilwara.
2. Rahul @ Ramkuwar S/o Late Sanwarmal (Sanwariya), Aged About 29 Years, By Caste Jat (Diya) R/o Rayala, Tehsil Banera, District Bhilwara.
3. Chandraprakash S/o Late Sanwarmal (Sanwariya), Aged About 27 Years, By Caste Jat (Diya) R/o Rayala, Tehsil Banera, District Bhilwara.
4. Smt. Sharda Devi, W/o Late Sanwarmal (Sanwariya), (Name Deleted Due To Dealth) By Caste Jat (Diya) R/o Rayala, Tehsil Banera, District Bhilwara.
----Appellants Versus
1. Smt. Prem Devi W/o Late Ratan Lal Raigar, R/o Tahanal, Tehsil Shahpura, District Bhilwara.
2. Sanwar S/o Late Ratan Lal Raigar, R/o Tahanal, Tehsil Shahpura, District Bhilwara.
3. Ramdev S/o Late Ratan Lal Raigar, R/o Tahanal, Tehsil Shahpura, District Bhilwara.
4. Meera D/o Late Ratan Lal Raigar, R/o Tahanal, Tehsil Shahpura, District Bhilwara.
----Respondents For Appellant(s) : Mr. Bheru Lal Jat HON'BLE MS. JUSTICE REKHA BORANA Order 05/01/2023 The present appeal has been filed against the order dated 12.09.2022 passed by the Additional District Judge No.3, Bhilwara whereby the matter has been remanded back to the trial Court for decision afresh in light of the judgment passed in the case of (Downloaded on 05/01/2023 at 08:54:17 PM) (2 of 2) [CMA-2185/2022] Umrao Singh & Ors Vs. Gajanand & Ors; 2018(2) CJ (Civil) (Raj.) 753.
The case of the appellant is that the matter proceeded ex-parte against the defendants by the trial Court and the notices/ summons were never served on them. Secondly, the appellate Court has erred in remanding the matter for decision afresh on the issue of readiness and willingness whereas the suit itself was filed after a period of 22 years of the alleged agreement to sell.
Admit.
Issue notice. Notice be made returnable within a period of four weeks.
Meanwhile, effect and operation of the impugned order dated 12.09.2022 shall remain stayed.
(REKHA BORANA),J 73-Dharmendra/ Sachin/-
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