Lrs Of Jayram vs Sant Ramdeendas
2022 Latest Caselaw 10745 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 48/2019

1. Lrs Of Jayram, Tehsil Bilara, District Jodhpur.

2. Radha Devi W/o Jay Ram, Aged About 57 Years, B/c Gurjar, R/o Bhadano Ki Dhani, Village Jhak, Tehsil Bilara, District Jodhpur.

3. Mala Ram S/o Jay Ram, Aged About 36 Years, B/c Gurjar, R/o Bhadano Ki Dhani, Village Jhak, Tehsil Bilara, District Jodhpur.

4. Hadmanram S/o Jay Ram, Aged About 34 Years, B/c Gurjar, R/o Bhadano Ki Dhani, Village Jhak, Tehsil Bilara, District Jodhpur.

5. Dharma Ram S/o Jay Ram, Aged About 23 Years, B/c Gurjar, R/o Bhadano Ki Dhani, Village Jhak, Tehsil Bilara, District Jodhpur.

----Appellants Versus Sant Ramdeendas S/o Ganga Ram, B/c Mali, R/o Bhuriyali Ki Dhani, Tehsil Bhopalgarh, District Jodhpur.

----Respondent

For Appellant(s) : Mr. Moti Singh For Respondent(s) : Mr. Sajjan Singh Mr. Prashant Tatia

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

23/08/2022

Learned counsel for the appellants vehemently submitted

that as per the authoritative pronouncement of the Hon'ble Apex

Court, the first appeal should not be dismissed in limine and the

courts should first admit it and then to decide it finally. In support

of his contention, learned counsel relied upon the judgment of

Hon'ble Supreme Court rendered in the case of Union of India

(2 of 2) [CFA-48/2019]

Vs. K.V. Lakshman and Others reported in AIR 2016 supreme

Court 3139.

Per contra, learned counsel for the respondents opposed the

prayer made by the learned counsel for the appellant for

admission of the present appeal.

I have perused the judgment delivered in the case of Union

of India Vs. K.V. Lakshman and Others (Supra).

Having regard to the facts and circumstances of this case,

the appeal is admitted.

Heard on stay application.

The stay order dated 26.07.2022 is confirmed till the final

disposal of the present Civil First Appeal.

The stay petition is, therefore, disposed of.

List this case after four weeks for final hearing.

(MADAN GOPAL VYAS),J 9-Hanuman/-

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