Ridha Karan vs Om Prakash And Ors
2022 Latest Caselaw 7268 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Civil Second Appeal No. 566/2017

Ridha Karan son of Shri Lal Chand Lakhara, aged about 42 years
Resident of Roopangarh, Tehsil Kishangarh, District Ajmer
                                                          ----Appellant/Plaintiff
                                   Versus
1. Om Prakash son of Lal Chand Khati, resident of Ajmer Civil
lines Colony, Quarter No.29
2. Smt. Teeja widow of Lal Chand Khati
3. Lal Chand Khati legal representative Poonam Chand son of Lal
Chand
All resident of Civil Lines Colony, Ajmer quarter No.29.
4. Smt. Sushila Devi daughter of Lal Chand legal representative)
Smt. Sushila Devi Joje Ramkishan Khati, resident of Mundari
Mohalla, Basanti Bhawan, Ajmer
5. Smt. Savita Devi Daughter of Lal Chand Khati Legal
representative Mst. Savita Devi R/o Ajmer civil linses colony
quarter No.29.
6. Shanti Lal son of Lalu alias Lal chand Khati adopted son of
Bhanwarlal ji Madanganj, Baheti Dharamshala on the way of
Teliyon ki Gali, Madanganj.
7. Badri Lal son of Kishanlal Brahmin Itodia, resident of
Roopangarh, Ajmero ka Mohalla, house No.4 Purana and Naya
Makan No.8 ward No.7
8. Radheshyam son of Badrilal Itodiya, resident of Roopangarh,
Ajmero ka Mohalla, house no.4 Purana & naya Makan No.8 ward
No.7.
9. Gopal son of Badri lal Brahmin, Itodiya, resident of
Roopangarh, Ajmero ka Mohalla, house No.4, Purana and Naya
makan no.8 ward No.7
                                               ----Respondents/Defendants

For Appellant(s)         :     Mr. Hari Barath
For Respondent(s)        :


        HON'BLE MR. JUSTICE SUDESH BANSAL
                     Judgment
15/11/2022

1. Appellant-plaintiff has preferred this second appeal under

Section 100 of the Code of Civil Procedure, feeling aggrieved by

the judgment and decree dated 04.04.2001 passed in Civil

Regular Appeal No.04/1994 by the Court of Additional District &

Sessions Judge, Kishangarh, Ajmer, affirming the judgment and

(2 of 2) [CSA-566/2017]

decree dated 06.12.1993 passed in Civil Suit No.229/1993 by the

Court of Additional Munsif and Judicial Magistrate, Kishangarh,

Ajmer, whereby and whereunder civil suit filed by appellant-

plaintiff has been dismissed on merits.

2. It appears that plaintiff claimed possession of suit property

alleging that the property was mortgaged to defendants vide

mortgage deed dated 27.01.1961. Both courts below held that

alleged mortgage deed is neither registered nor appears to be a

genuine document and therefore, issue No.1 has been decided

against the plaintiff. Further, the sale deed of plaintiff dated

23.10.1977 (Exhibit A1) has also not been proved and issue No.2

has been decided against plaintiff.

3. This second appeal was filed way back on 16.07.2001 and for

17 years, the same remained in defect and thereafter, the same

has been registered in the year 2017. Perusal of the order-sheets

since 2017 reveals that appellant has not taken any interest to

pursue the present second appeal.

4. Having considered fact findings of both courts below, which

are based on appreciation/re-appreciation of evidence, this Court

does not find any substantial question of law involved in the

instant second appeal and therefore, the same is hereby

dismissed.

5. All pending application(s), if any, also stand(s) disposed of.

(SUDESH BANSAL),J

SACHIN/87

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