Onkarmal vs Kaluram Thr Lrs And Ors
2022 Latest Caselaw 3361 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             S.B. Civil Second Appeal No. 19/2017

Onkarmal S/o Gulla Ram, aged 49 years, R/o Likhma Ka Bas, At
Present R/o Village Baye Tehsil Dantaramgarh District Sikar
Rajasthan.
                                                           ----Appellant-Plaintiff
                                      Versus
1.     Kaluram, (Since Deceased) Through His Legal Heirs, R/o
       Baye, Tehsil Dantaramgarh, District Sikar.
       1/1. Mukesh S/o Kaluram
       1/2. Raju S/o Kaluram
       1/3. Nakul S/o Kaluram
       1/4. Sundaram S/o Kaluram
2.     Shrawan Kumar S/o Gheesa Ram, R/o Baye, Tehsil
       Dantaramgarh, District Sikar.
3.     Nagarmal         S/o      Gheesa        Ram,        R/o         Baye,   Tehsil
       Dantaramgarh, District Sikar.
4.     Gajanand       S/o       Late     Puranmal,          R/o        Baye,   Tehsil
       Dantaramgarh, District Sikar.
5.     Suresh       S/o        Late     Puranmal,          R/o         Baye,   Tehsil
       Dantaramgarh, District Sikar.
6.     Banwari       S/o       Late     Puranmal,          R/o         Baye,   Tehsil
       Dantaramgarh, District Sikar.
7.     Meera     Devi      W/o    Late       Puranmal,           R/o   Baye,   Tehsil
       Dantaramgarh, District Sikar.
8.     Shanti      Devi    W/o        Late   Kaluram,            R/o   Baye,   Tehsil
       Dantaramgarh, District Sikar.
9.     Nayab Tehsildar, Tehsil Dantaramgarh District Sikar.
10.    Tehsildar, Dantaramgarh District Sikar.
11.    District Collector Sikar, District Sikar.
                                                                   ----Respondents

For Appellant(s)           :     None Present
For Respondent(s)          :     None Present


             HON'BLE MR. JUSTICE SUDESH BANSAL
                            Order



                                                                               (2 of 2)             [CSA-19/2017]

                                   27/04/2022

1. In the present appeal, it appears from the record that

appellant-plaintiff has filed a civil suit seeking declaration of the

easementary right to have a way through government land. His

civil suit was dismissed on merits by the trial court vide judgment

dated 09.08.2012 passed by Civil Judge (S D), Dantaramgarh

District Sikar in Civil Suit No. 93/2009.

2. Appellant-plaintiff has filed first appeal which too dismissed

affirming the decree passed by the trial court vide judgment dated

22.10.2016 passed by Additional District Judge No.1, Sikar in

Appeal No.81/2013.

3. The second appeal was led on 20.12.2016 and since

thereafter, for several previous dates, no one has appeared to

pursue the second appeal. It appears that appellant-plaintiff has

lost his interest in pursuing the second appeal on merits.

4. In that view of matter, this second appeal is dismissed.

5. Stay application as well as any other pending application(s),

if any, stand(s) disposed of.

6. Record of both courts below be sent back.

(SUDESH BANSAL),J

SACHIN/6

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