Chhiddi Son Of Babu vs Kunwar Lal Son Of Ramchandi
2022 Latest Caselaw 3633 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

       S.B. Civil Restoration Application No. 20/2022
                               in
    S.B. Civil Misc. Restoration Application No.234/2016
                               in
            S.B. Civil Second Appeal No.683/2007
Chhiddi Son Of Babu (Deceased) through LRs & Anr.
                                                    ----Petitioners-appellants
                                   Versus
Kunwar Lal Son Of Ramchandi
                                                                ----Respondent

For Petitioner(s) : Mr. Ambrish Vashishtha For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

09/05/2022 Applicants have filed the second appeal, assailing judgment

and decree dated 23.04.1993 passed by Munsif and Judicial

Magistrate (First Class), Deeg, Bharatpur in Civil Suit No.26/1992

whereby suit for permanent injunction has been decreed in favour

of respondent-plaintiff, which was affirmed by the first Appellate

Court in appeal No.12/1993 vide judgment dated 06.10.2006.

On merits, counsel for appellants submits that Courts below

have relied upon the evidence which is not tendered in the

evidence and cannot be looked into. The property in question is a

plot situated in Abadi area having measurement of 150X225

square yards, which is alleged to be in actual and physical

possession of appellants. However, two Courts below have passed

decree for permanent injunction in favour of respondent-plaintiff.

(2 of 2) [CRES-20/2022]

The findings are wholly perverse and based on no evidence rather

have been based on conjecture and surmises.

Since in second appeal, notices were issued to respondents.

During course of appeal, respondent No.2 had already passed

away and his name was deleted.

Appellants have filed this restoration application along with

application under Section 5 of the Limitation Act.

Considering the nature of second appeal, let notice of

application for condonation of delay along with application for

restoration be issued to respondent by both modes, ordinary as

well as registered post.

(SUDESH BANSAL),J

NITIN /16

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