Hansraj vs Manaram
2021 Latest Caselaw 18066 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 125/2021

Hansraj S/o Kashi Ram, Aged About 67 Years, House No. 87, Chak 11 L.n.p. Khyaliwala, Tehsil And District Sri Ganganagar

----Appellant Versus

1. Manaram S/o Chetan Ram, Aged About 80 Years, Chak 11 L.n.p. Khyaliwala, Tehsil And District Sri Ganganagar

2. Veerpal Kaur W/o Lal Chand, Chak 11 L.n.p. Khyaliwala, Tehsil And District Sri Ganganagar At Present Resident Of Chak 22 M.l., Tehsil And District Sri Ganganagar

----Respondents

For Appellant(s) : Mr. Trilok Joshi] Mr. Navneet Poonia} For Respondent(s) : Mr. Muktesh Maheshwari as Caveator

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

01/12/2021

Learned counsel Shri Muktesh Maheshwari appears on behalf

of the respondents on Caveat.

Instant Civil Second Appeal under Section 100 CPC has been

filed against the judgment and decree dated 21.10.2021 passed

by the learned Additional District Judge No.2 Sri Ganganagar in

Civil Regular Appeal No.12/2019 (CIS No.31/2019) whereby, the

appeal filed by the appellant has been dismissed and the

judgment and decree dated 22.04.2019 passed by the learned

Nyayadhikari, Gram Nyayalaya, Sri Ganganagar in Civil Regular

Suit No.46/2010 has been confirmed.

Section 34 of the Gram Nyayalayas Act, 2008 (hereinafter in

short 'the Act of 2008') deals with the provision of filing an appeal.

(2 of 2) [CSA-125/2021]

As per Sub-clause (4) of Section 34 of the Act of 2008, an appeal

can be preferred against the judgment passed by the Gram

Nyayalaya to the District Court.

As per Sub-clause (6) of Section 34 of the Act of 2008, the

decision of the District Court under subsection (4) shall be final

and no appeal or revision shall lie from the decision of the District

Court.

In view of the prohibition contained under Section 34 (6) of

the Act of 2008, the instant Civil Second Appeal is not

maintainable. Hence, the same is dismissed. However, the

appellant is given liberty to avail any other remedy (if any)

available under the law.

(ANOOP KUMAR DHAND),J

74-Mamta/-

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