Rajasthan High Court
Hoshiyar Singh vs Gugan Ram And Ors on 21 November, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 395/2016
Hosiyar Singh S/o Shri Birbal, Village Naalpur Tehsil Khetri, Distt.
Jhunjhunu, Raj.
----Appellant-Defendant
Versus
1. Gugan Ram (Since Deceased) S/o Shri Moharuram R/o
Village Naalpur Tehsil Khetri, Distt. Jhunjhunu, Raj.
1/1 Smt. Darkali W/o late Shri Gugan Ram, aged about 70
years,
1/2. Amar Singh S/o late Shri Gugan Ram, aged about 42
years
1/3. Vinod S/o late Shri Gugan Ram, aged about 35 years,
All 1/1 to 1/3 r/o Village Naalpur Tehsil Khetri, Distt.
Jhunjhunu, Raj.
1/4. Sajna D/o late Shri Gugan Ram W/o Shri Randheer, r/o
Chelas, Tehsil Narnaul, District Mahendragarh, Haryana.
1/5. Manesh D/o late Shri Gugan Ram W/o Shri Harwinder, r/o
Balali, Tehsil & District Mahendragarh, Haryana.
Non-Appellant-Plaintiffs
2. Smt. Mankori W/o Late Shri Birbal
3. Manroop S/o Late Shri Birbal
4. Mu. Pholie D/o Late Shri Birbal
5. Mu. Santosh D/o Late Shri Birbal
All r/o Village Naalpur, Tehsil Khetri, Distt. Jhunjhunu,
Raj.
---Performa-Respondents
For Appellant(s) : None present
For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
21/11/2022
1. Appellant-defendant (hereafter referred to 'defendant') has
preferred this second appeal under Section 100 CPC assailing the
judgment and decree dated 27.07.2016 passed in Appeal No.
37/2008 (CIS No.25/2014) by the Additional District Judge,
Khetri, Jhunjhunu affirming the judgment and decree dated
11.11.2008 passed in civil suit No.159/1998 by the Civil Judge (Jr.
(2 of 2) [CSA-395/2016]
Division), Khetri, Jhunjhunu whereby and whereunder plaintiff's
civil suit for mandatory and permanent injunction has been
decreed.
2. Perusal of record shows that respondent-plaintiff instituted
civil suit for removal of encroachment from the chowk in question.
It has been observed by both courts below that through patta
(Ex.1), plaintiff successfully proved his ownership and earlier also
in the previous suit No.90/1987 vide judgment dated 01.07.1987,
decreed in favour of plaintiff, was passed in respect of suit
property. This second appeal was preferred way back on
05.10.2016.
3 No one appeared on behalf of appellant-defendants on
29.05.2019. Thereafter record was called for but no one appeared
on the last occasion on 09.11.2022. Today also no one has put in
appearance.
4. Taking into consideration the fact finding recorded by the
trial court and the first appellate court as also the nature of
dispute in respect of removal of encroachment from the chowk
and conduct of appellant, it appears that appellant-defendant has
lost interest in pursuing the second appeal on merits.
5. In such circumstances, the second appeal is hereby
dismissed.
6. Stay application and any other pending application, if any,
stand(s) disposed of.
7. Record be sent back forthwith.
(SUDESH BANSAL),J
TN/84
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