Smt Suki vs Bharat Singh
2022 Latest Caselaw 7015 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Civil Second Appeal No.142/2018

Smt. Suki W/o Patariya D/o Smt. Kaushalya, R/o At Present P.s.
Khedli, Tehsil Rupwas, Distt. Bharatpur.
                                                          ----Appellant/plaintiff
                                   Versus
Bharat Singh S/o Moti Lal Jatav, R/o Village Kharera, Tehsil
Rupwas, Distt. Bharatpur.
                                                  ----Respondent/defendant

For Appellant(s)         :     None present
For Respondent(s)        :



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

04/11/2022

1. None appears on behalf of appellant.

2. The instant second appeal has been preferred by appellant-

plaintiff assailing the judgment and decree dated 20.12.2017

passed in Civil Appeal No.41/2016 by the Court of Additional

District Judge No.4 Bharatpur affirming the judgment and decree

dated 04.12.2014 passed in Civil Suit No.54/2014 by the Court of

Additional Civil Judge No.1, Bharatpur whereby and whereunder

the civil suit for cancellation of the registered sale deeds dated

13.06.1994 and 02.06.1995 has been dismissed on merits.

3. It appears from the record that sale deeds in question were

executed by Smt. Kaushalya, who was mother of the plaintiff, and

after death of her mother, the plaintiff has instituted the present

suit on the ground that sale deed was got executed by playing

(2 of 2) [CSA-142/2018]

fraud with her mother and the same is forged. Both courts below

have dismissed the plaintiff's suit on merits.

4. The instant second appeal was filed on 15.03.2018 but

thereafter, appellant has not persuaded this second appeal. When

appeal was listed on 26.11.2020 no one appeared, again on

07.07.2021 no one appeared, thereafter on 01.07.2022 no one

appeared and today also no one has appeared on behalf of

appellant to pursue the second appeal.

5. This Court prima facie finds that appellant has lost interest in

pursuing the second appeal and therefore, taking note of the

aforesaid facts of the present case, this second appeal is

dismissed.

6. Stay application as well as any other pending application, if

any, stand disposed of.

(SUDESH BANSAL),J

SAURABH/13

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