Ramlal And Ors vs Prabhulal And Anr
2022 Latest Caselaw 5750 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             S.B. Civil Second Appeal No. 251/2018

1.     Ramlal S/o Sh. Onkar Lal,
2.     Gajanand S/o Laturlal,
3.     Rameshwar S/o Laturlal,
4.     Rakesh S/o Latur,
5.     Manoj Kumar S/o Latur,
6.     Ramdulari D/o Latur,
7.     Shantibai W/o Latur, All R/o Gram Rataikalan, Tehsil
       Shahbhad, Distt. Baran, Rajasthan.
                                                                    ----Appellants
                                   Versus
1.     Prabhulal    S/o       Khemchand,            R/o         Khusiyara,   Tehsil
       Shahbhad, Distt. Baran, Rajasthan.
2.     Sub Registrar Ex. Officio Naib Tehsildar, Kelwada, Tehsil
       Shahbad, Distt. Baran, Rajasthan.
                                                                  ----Respondents

For Appellant(s) : Mr. Mayank Kumar Choudhary For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

23/08/2022

1. Show cause notices were issued to respondents, however no

one has put in appearance.

2. Learned counsel for appellants submits that by virtue of law

of natural succession, the suit property devolves upon appellants

and the respondent No.1 does not get any right in the suit

property on the basis of 'Will' alleged to be executed by Smt.

Daniya. Learned counsel for the appellants submits that Smt.

Daniya herself has left her husband and went to Nata with Kallu

(2 of 2) [CSA-251/2018]

and therefore, her 'Will' is without authority and illegal. The trial

court vide judgment dated 03.06.2016, declared the 'Will' as null

and void, however the first appellate court has set aside the

decree of trial court and dismissed appellants' suit. Learned

counsel for appellants further submits that since the first appellate

court has not decided issue No.1 and 2, therefore, the matter may

be remanded back to the first appellate court to consider and

pass findings in relation to issue No.1 and 2 and then, first appeal

may be decided afresh.

3. Having heard learned counsel for appellant-plaintiffs, the

second appeal is admitted on the following substantial question

of law:-

"Whether the first appellate court committed jurisdictional error in not deciding the issue Nos.1 & 2 and quashing the judgment and decree dated 03.06.2016?"

4. Issue notice to respondents for hearing of the appeal.

5. On the request of learned counsel for appellants, service of

notice upon respondent No.2-Sub-Registrar is dispensed with,

hence notice be issued to respondent No.1 only. Notices be issued

by both modes ordinary as well as registered post.

6. Record of courts below be summoned.

7. In the meanwhile, findings in the impugned judgment and

decree dated 13.04.2018 passed in civil first appeal No.36/2016

by the court of Additional District Judge No.1, Baran shall not

affect the proceedings pending before the revenue authority.

(SUDESH BANSAL),J

TN/80

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