Smt.Gulab Devi vs Smt. Narangi Devi
2022 Latest Caselaw 5010 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil First Appeal No. 36/1982

 Smt.gulab Devi & Ors.
                                                                           ----Appellants
                                       Versus
 Smt. Narangi Devi & Ors.
                                                                         ----Respondents

For Appellant(s)             :     Mr. V K Tamoliya
                                   Mr. Vishnu Bohra
For Respondent(s)            :     Mr. Rishabh Bhidasra



              HON'BLE MR. JUSTICE SUDESH BANSAL

                                        Order

21/07/2022

1. This first appeal has been filed by and on behalf of appellant-

plaintiff, feeling aggrieved by dismissal of her civil suit

No.192/1980 for specific performance and declaration vide

impugned judgment dated 24.11.1981 passed by District Judge,

Jaipur City. First appeal is pending nearabout 40 years and has to

be heard earliest.

2. Appellants' claim to have an agreement dated 05.07.1969

with respondent-defendant No.2 and thereafter the property has

been sold by respondent-defendant No.2 to respondent-defendant

No.1 through sale deed dated 05.04.1980.

3. Respondent-defendant No.1 is mainly contesting party and

her most of legal representatives has put in appearance through

advocate.

Keeping in mind the doctrine of sufficient representation and

in order to proceed for hearing of appeal, service of notices upon

respondent Nos.1/2/1 to 1/2/6/4 is dispensed with since all other

(2 of 2) [CFA-36/1982]

legal representatives who have the similar interest are duly

represented.

4. As far as respondent No.2 is concerned, she has already

executed the sale deed in favour of respondent No.1 and after her

death, her two legal representatives 2/1 and 2/3 have been

served and represented by advocate.

Notices of respondent Nos.2/2, 2/4 and 2/5 have not been

served since long however, considering the fact that respondent

Nos.2/1 and 2/3 are already represented the interest of other

legal representatives of respondent No.2 also as well as the main

contesting party who is respondent No.1, hence the service of

respondent Nos.2/2, 2/4 and 2/5 is dispensed with.

5. Since, this first appeal is pending since the year 1982, list

this case again on 02.08.2022 at 02:00 PM, for final hearing.

6. It is made clear that counsel for both parties would remain

ready to make their submissions on merits.

7. In addition, they are also at liberty to file written arguments

in brief, if so desire.

(SUDESH BANSAL),J

SAURABH/1

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