Lrs Sh.Anndaram vs Sh.Munnalal
2021 Latest Caselaw 19172 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Civil First Appeal No. 174/2005

Lrs Sh.anndaram,

----Appellant Versus Sh.munnalal

----Respondent Connected With

S.B. Civil First Appeal No. 131/2007 S.B. Civil Writ Petition No. 7867/2013

For Appellant(s) : Mr. Sunil Joshi For Respondent(s) : Mr. Ramit Mehta for R.1 & 2 Mr. Vikas Balia Mr. Tarun Dudia

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

16/12/2021

S.B. Civil First Appeal No.174/2005

The matter has come up on an application (No.1/21) filed

under Order 1 Rule 10 CPC dated 16.08.2021 by one Anirudh

Purohit.

The application is opposed by the respondents No.1 & 2 and

reply dated 06.10.2021 has been filed. Though no one has

appeared to press the application filed under Order 1 Rule 10 CPC.

Further by perusal of the record, it transpires that this first

appeal was filed in the year 2005, assailing the judgment and

decree dated 20.04.2005. The civil suit was filed by the appellant

plaintiff for cancellation of the sale deed of respondents way back

in the year 2000.

(2 of 2) [CFA-174/2005]

During the course of trial of suit and after filing of the

present appeal in 2005, the applicant never filed application for

showing any interest in the suit property. Now, from perusal of

averments of application, it reveals that applicant is alleging that

one Shri Navla Ram was the original khatedar of the suit property

who was survived by Shri Harji and the applicant is one of legal

heirs of Shri Harji, therefore, has interest in the suit property.

No documents in support of application have been filed. Mere

averments in the application are not sufficient. Be that as it may,

the application is highly belated and no one has appeared to press

the application (No.1/21), the same is hereby dismissed.

S.B. Civil First Appeal No. 131/2007

The matter has come up on an application (No.2/21) filed by

appellant under Order 41 Rule 27 CPC to produce certain

additional documents on record.

The application shall be considered at the time of hearing of

the first appeal itself.

In the meanwhile, the respondents may submit the

documents in rebuttal, if so desired.

S.B. Civil First Appeal No.7867/2013

List along with S.B. Civil First Appeal Nos.174/2005 &

131/2007.

(SUDESH BANSAL),J 50-52/AnilKC/-

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