Citation : 2022 Latest Caselaw 7460 Raj/2
Judgement Date : 24 November, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 56/2018
Prahlad Singh S/o Shri Karan Singh, R/o Village Chobara, Tehsil
Behror, District Alwar Raj
----Appellant/Plaintiff
Versus
1. Chiranji Lal S/o Heera Lal,
2. Mahaveer S/o Heera Lal,
3. Udmai S/o Heera Lal,
4. Amar Singh S/o Balaram,
5. Madan Lal S/o Balaram, R/o Village Chobra, Tehsil Behror,
District Alwar Rajasthan.
----Respondents/Defendants
6. Karan Singh S/o Ranjeet Singh, R/o Village Chobara, Tehsil Behror, District Alwar Raj
----Proforma Respondent
For Appellant(s) : None Present For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment
24/11/2022
1. Appellant-plaintiff has filed this second appeal under Section
100 of the Code of Civil Procedure, assailing the judgment and
decree dated 25.10.2017 passed in Civil Regular Appeal
No.21/2015 by the Court of Additional District Judge No.2, Behror,
Alwar, affirming the judgment and decree dated 12.03.2010
passed in Civil Suit No.29/2008 by the Court of Civil Judge (Senior
Division) No.1, Behror, Alwar, whereby and whereunder his civil
suit for declaration and permanent injunction has been dismissed
on merits.
(2 of 2) [CSA-56/2018]
2. From perusal of record, it appears that plaintiff instituted
present civil suit on 27.05.1999, claiming the disputed plot as
ancestral, but neither any documentary evidence nor sufficient
oral evidence was produced on record, therefore, trial court has
dismissed the suit vide judgment and decree dated 12.03.2010.
The judgment and decree dated 12.03.2010 has been affirmed on
merits by the first appellate court vide judgment and decree dated
25.10.2017.
3. Perusal of previous order-sheets goes to show that no one
has pursued this second appeal after filing the same on
25.01.2018. Previously, this second appeal was listed on
21.10.2021, but no one appeared at that time too.
4. Having considered the aforesaid facts of the present appeal,
the same is hereby dismissed.
5. Stay application and all other pending application(s), if any,
also stand(s) disposed of.
(SUDESH BANSAL),J
SACHIN/17
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