Naresh Kumar And Anr vs Principal Rajkiya Uchcha ...
2022 Latest Caselaw 7157 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

              S.B. Civil Second Appeal No. 436/2017

Naresh Kumar And Anr.
                                                                     ----Appellants
                                     Versus
Principal Rajkiya Uchcha Madhyamik Vidya & Anr.
                                                                   ----Respondents

For Appellant(s)           :     Mr. Shri Ram Yadav
For Respondent(s)          :



              HON'BLE MR. JUSTICE SUDESH BANSAL

                                      Order

10/11/2022

        Appellants-plaintiffs    have      preferred        this    second   appeal

assailing the judgment and decree dated 16.03.2017 passed in

Civil Appeal No.1/2011 by the Court of Additional District Judge

No.1, Kishangarhbas, Alwar wherein the appeal filed by

respondents-defendants have been allowed and the judgment and

decree dated 06.01.2011 passed in Civil Suit No.30/1996 by the

Court of Civil Judge (JD), Kishangarhbas, Alwar was set aside.

It appears that civil suit was decreed by the trial court vide

judgment dated 06.01.2011. Thereagainst first appeal was filed by

the Government Higher Secondary School. In the first appeal, first

appellate court on re-appreciation of evidence recorded fact

finding that the subject land has been allotted to the Government

School vide order dated 26.08.1975 (Ex.A1) and recorded in the

revenue record in the name of School (Ex.A3 and Ex.A5). First

appellate court recorded fact findings that plaintiffs have not

produced any substantive evidence to show their possession over

(2 of 2) [CSA-436/2017]

the suit land and accordingly suit for permanent injunction has

been dismissed vide order dated 16.03.2017.

This second appeal was filed on 28.06.2017 but perusal of

previous order-sheets go to show that the same has not been

pursued vigilantly by and on behalf of appellants.

When the appeal was listed on 29.06.2022, on request of

counsel for appellant, the appeal was adjourned for 04.07.2022.

On 04.07.2022 no one appeared to pursue the second appeal.

In the interest of justice and as a last opportunity, let this

second appeal be listed on 17.11.2022 in 'supplementary list'.

(SUDESH BANSAL),J

SAURABH/11

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