Naresh Kumar vs Allahabad Bank
2021 Latest Caselaw 2520 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 139/2020

Naresh Kumar S/o Khuman Chand, Aged About 52 Years, R/o Gangashahar, Bikaner.

----Appellant Versus

1. Allahabad Bank, Head Office, 2 Netaji Subhash Marg, Kalkatta, Office Mahatma Gandhi Road, Bikaner.

2. Anil Kumar Pugalia S/o Sagarmal Pugalia, R/o Inside Of Gogaget, Bikaner.

3. Surendra Kumar S/o Khuman Chand Pugalia, R/o Kamla Niwas, Nai Len, Gangashahar, Bikaner.

4. Lrs Of Khuman, S/o Goverdhan Das Pugalia, Through Deceased Legal Representative.

5. Shivnatha Kanwar Pugalia, R/o Nai Len, Gangashahar, Bikaner.

6. Kamla Devi W/o Late Shri Khumanchand, R/o Nai Len, Gangashahar, Bikaner.

7. Lrs Of Suresh Kumar S/o Late Shri Khuman Chand, Through Deceased Legal Representatives

8. Virendra S/o Late Shri Suresh Kumar, R/o Nai Len, Gangashahar, Bikaner.

9. Sushil S/o Late Shri Suresh Kumar, R/o Nai Len, Gangashahar, Bikaner.

10. Kanchan D/o Late Shri Suresh Kumar, R/o Nai Len, Gangashahar, Bikaner.

11. Priya D/o Late Shri Suresh Kumar, R/o Nai Len, Gangashahar, Bikaner.

12. Anita W/o Late Shri Suresh Kumar, R/o Nai Len, Gangashahar, Bikaner.

13. Basanti D/o Late Shri Khuman Chand, R/o Kamla Niwas, Nai Len, Gangashahar, Bikaner.

14. Alka D/o Late Shri Khuman Chand, R/o Kamla Niwas, Nai Len, Gangashahar, Bikaner.

15. Leela D/o Late Shri Khuman Chand, R/o Kamla Niwas, Nai Len, Gangashahar, Bikaner.

16. Madhu D/o Late Shri Khuman Chand, R/o Kamla Niwas,

(2 of 3) [CSA-139/2020]

Nai Len, Gangashahar, Bikaner.

17. Anu D/o Late Shri Khuman Chand, R/o Kamla Niwas, Nai Len, Gangashahar, Bikaner.

18. Sagarmal S/o Goverdhan Das Pugalia, R/o Inside Gogaget, Bikaner.

19. Gopalram S/o Magha Ram Choudhary, R/o Kumaro Ka Mohalla, Gangashahar, Bikaner.

                                                                ----Respondents


For Appellant(s)          :    Mr. Rajeev Purohit
For Respondent(s)         :

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

29/01/2021

Heard learned counsel for the appellant.

It is submitted by learned counsel for the appellant with

reference to the order sheets filed alongwith the additional

affidavit that after passing of the decree in the year 1998, at no

stage in the execution proceedings, which were initiated in the

year 1999, the father of the appellants or the appellant were

served and as soon as the summons under Order XXI Rule 66

were affixed on his property, he had filed the appeal before the

district court and, therefore, the dismissal of application under

Section 5 of the Limitation Act by the appellate court was not

justified.

Issue notice of the appeal as well as the additional affidavit

filed by the appellant alongwith copies of the order sheets to

respondent No.1. Issue notice of the stay application also,

returnable within a period of 4 weeks.

(3 of 3) [CSA-139/2020]

Notices when issued be given 'dasti' to the learned counsel

for the appellant.

In the meanwhile and until further orders, execution of

decree dated 11.02.1998 passed by Civil Judge (Senior Division)

No.1, Bikaner, as upheld by Additional District Judge No.3,

Bikaner, by judgment dated 21.12.2019, qua the appellant shall

remain stayed.

(ARUN BHANSALI),J 8-Sachin/-

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