Lrs Of Daya Ram vs Kamalashankar
2021 Latest Caselaw 18304 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16048/2021

1. LRs Of Daya Ram, S/o Shri Salagram Ji Mali 1/1 Smt. Aija Bai W/o Late Shri Daya Ramji, Aged About 75 Years, Salagram Ji Badi, Kalka Mata Vihar Payda, Udaipur (Raj.).

1/2 Purshotam S/o Late Shri Daya Ramji, Aged About 47 Years, Salagram Ji Badi, Kalka Mata Vihar Payda, Udaipur (Raj.).

1/3 Durga Shankar S/o Late Shri Daya Ramji, Aged About 44 Years, Salagram Ji Badi, Kalka Mata Vihar Payda, Udaipur (Raj.).

1/4 Laxmi D/o Late Shri Daya Ramji, Aged About 55 Years, 5 Saint, Near Gegorius School, Khara Kuan, Udaipur (Raj.).

2. Durga Shankar S/o Late Shri Daya Ramji, Aged About 44 Years, Arawali Complex, New New Rto Office, Payda, Udaipur (Raj.).

3. Laxmi D/o Late Shri Daya Ramji, Aged About 55 Years, 5 Saint, Near Gegorius School, Khara Kuan, Udaipur (Raj.).

4. Smt. Aija Bai W/o Late Shri Daya Ramji, Aged About 75 Years, Arawli Complex, Near New Rto Office, Payda, Udaipur (Raj.).

----Petitioners Versus

1. Kamalashankar S/o Shri Kanhaiyalal Ji Mali, Salagram Ji Badi, Lal Vihar, Gandhi Nagar, Udaipur.

2. Manohar Lal S/o Shri Kanhaiyalal Ji Mali, Salagram Ji Badi, Lal Vihar, Gandhi Nagar, Udaipur.

3. Hemraj S/o Shri Kanhaiyalal Ji Mali, Salagram Ji Badi, Lal Vihar, Gandhi Nagar, Udaipur.

4. Narendra S/o Daulat Ram Ji Mali, Near A-One School, University Road, Udaipur.

5. Narmbada D/o Late Shri Daya Ramji, In Front Of Mohan Dairy, Near Mahadeo Temple, New Bhupalpura, Udaipur (Raj.).

                                                              ----Respondents





                                                                            (2 of 2)                [CW-16048/2021]




                                   For Petitioner(s)        :     Mr. Prashant Tatia
                                   For Respondent(s)        :



                                                        JUSTICE DINESH MEHTA

                                                                       Order

                                   02/12/2021

1. Mr. Prashant Tatia, learned counsel for the petitioners,

submits that the trial Court has committed an error in rejecting

petitioners' application under Order XIV Rule 2 of the Code of Civil

Procedure to decide issue No.3A as a preliminary issue.

2. He argues that the ground on which the plea of res-judicata

was taken by the present petitioner and issue No.3A was framed,

is only in relation to the judgment and decree dated 26.03.2014,

vide which the suit filed by the plaintiff-respondent No.1 was

dismissed and hence, the finding of the Court that it will require

detailed evidence and perusal of many orders of revenue

authorities is per-se contrary to facts.

3. The matter requires consideration.

5. Issue notice. Issue notice of stay application also, returnable

on 20.01.2022.

6. Till then, further proceedings in Case No.90/2014, pending

before the learned District Judge, Udaipur shall remain stayed.

(DINESH MEHTA),J

31-skm/-

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