Citation : 2022 Latest Caselaw 5196 Raj/2
Judgement Date : 27 July, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 1138/2019
Jeevani D/o Baluram W/o Mahadevaram & ors.
----Appellants
Versus
Arun Janu S/o Sajjan Kumar & ors.
----Respondents
For Appellant(s) : Mr. Akhilesh Kumar Saini For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
27/07/2022
Appellant-Plaintiffs have filed this first appeal assailing the
judgment and decree dated 22.07.2019 passed in Civil Suit
No.24/2014 by Additional District Judge, No.2, Jhunjhunu whereby
and whereunder the suit filed by plaintiffs has been dismissed.
Show cause notices were issued to respondents.
As per Office report, service of notice upon respondents
No.1, 2, 4 and 5 have completed, however no one has turned up.
Heard learned counsel for appellants on admission.
Admit.
Issue notice for hearing of the appeal to respondents.
Counsel for appellants submits that respondent No.2 has
made sale deed of lands in question in favour of respondent No.1
whereas the lands in question are parental properties of appellants
wherein they have also their vested right and interest.
Learned counsel for appellants prays that service of
respondents No.3, 4 and 5 may be dispensed with as they are
non-contesting and proforma respondents in the present appeal.
(2 of 2) [CFA-1138/2019]
On his request, service of respondents No.3, 4 and 5 is dispensed
with.
Earlier this court vide order dated 11.08.2020 passed the
following interim order:-
"In the meanwhile, disputed property shall not be alienated by the respondents, till the next date."
The interim order dated 11.08.2020 shall remain
continue during pendency of first appeal.
The application (I.A. No.1/2022) stands disposed of.
Record of the trial court be summoned.
(SUDESH BANSAL),J
TN/65
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