Citation : 2022 Latest Caselaw 7503 Raj/2
Judgement Date : 28 November, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 826/2017
Shanti Devi And Anr Thr Lrs
----Appellants
Versus
Vinod And Ors
----Respondents
For Appellant(s) : Mr. Dinesh Sharma For Respondent(s) : Mr. Yogesh Pujari
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
28/11/2022 Appellant-plaintiffs have filed this first appeal feeling
aggrieved by dismissal of their civil suit vide impugned judgment
and decree dated 11.08.2017 passed by District Judge, Jhunjhunu
in civil suit No.31/2015 on the ground that no cause of action
accrued to plaintiffs to file civil suit challenging the judgment and
decree for compromise dated 25.03.2000 against which the first
appeal has filed by the brothers of appellant, has also been
dismissed vide judgment and decree dated 01.07.2014 and
further according to the prayer made in the plaint for declaration
of Khatedari rights, the civil court has no jurisdiction.
Heard.
Issue notice to respondents.
On behalf of respondents No.1 to 5, the counsel has
appeared. Appellant may take steps to ensure service of
remaining respondents.
(2 of 2) [CFA-826/2017]
Taking into consideration issue involved, the appellant is
directed to file notices by both modes, ordinary as well as
registered post for remaining respondents.
Respondents No.1 to 5 may file reply to the stay application.
The stay application shall be considered after service of
notices upon unserved respondents and after filing the reply by
the respondents No.1 to 5.
(SUDESH BANSAL),J
TN/9
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