Jaafar And Others vs Raisuddin Through Lrs And Others
2022 Latest Caselaw 6899 Raj/2

                                            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                        BENCH AT JAIPUR

                                                   S.B. Civil Second Appeal No. 218/2015
                                   Jaafar And Others
                                                                                                      ----Appellants
                                                                       Versus
                                   Raisuddin Through Lrs And Others
                                                                                                    ----Respondents

                                   For Appellant(s)          :     None present
                                   For Respondent(s)         :


                                           HON'BLE MR. JUSTICE SUDESH BANSAL
                                                          Order
                                   31/10/2022

The instant second appeal arises against dismissal of civil

suit for permanent injunction and construction of toilate, passage

and gallery on the common place.

Both courts below have concurrently observed that partition

had already been taken place which is undisputed and in respect

of common place, in previous suit, the judgment dated

22.11.1979 has already been passed which has affirmed in the

first appeal vide judgment dated 22.10.1981.

Thus, the issue raised in the present appeal is squarely

covered by the previous judgments and hit by the principle of

res judiceta.

The second appeal is pending for admission since 2015 and

has not been heard even for admission. The previous order sheets

go to show that appellants sought adjournment time and again.

Today also no one has appeared on behalf of appellants to pursue

the second appeal, however in the interest of justice, let the

second appeal be listed tomorrow i.e. on 01.11.2022.

(SUDESH BANSAL),J

TN/82

Powered by TCPDF (www.tcpdf.org)