Chandraprakash And Ors vs Chauthmal And Ors ...
2023 Latest Caselaw 1932 Raj/2

[2023/RJJP/002239]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil Second Appeal No. 418/2016

1.       Chandraprakash         S/o     Jainarayan,         R/o      Shivaji    Nagar
         Colony, Newai, Teh, Newai, Distt. Tonk, Raj
2.       Ashok Kumar S/o Bohitara Machalpuriya, R/o Shivaji
         Nagar Colony, Newai, Teh, Newai, Distt. Tonk, Raj
3.       Rameshwar S/o Bohitaram Machal Puriya, R/o Shivaji
         Nagar Colony, Newai, Teh, Newai, Distt. Tonk, Raj
                                                    ----Appellants-Defendants
                                      Versus
Chauthmal S/o Ramdev Koli, By Caste Koli, R/o Patwon Ka
Mohalla, Phooti Bawdi, Teh. Newai, Distt. Tonk. Raj
                                                        ----Respondent-Plaintiff

For Appellant(s) : Mr. L.L. Gupta for Mr. L.M. Bhardwaj For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

09/02/2023

Learned counsel for the appellants pleads no instructions.

None appeared for the appellants on 11.04.2022 and this

Court passed the following order:

"None appears on behalf of appellants.

In the present second appeal, it appears that

the trial court vide judgment dated 29.03.2014

passed decree for permanent injunction on merits.

The appellant-defendants did not adduce any

evidence before the trial court and after passing

the decree dated 29.03.2014 assailed the same by

way of first appeal after a delay of nearabout two

[2023/RJJP/002239] (2 of 2) [CSA-418/2016]

years and three months. The first appeal was

dismissed vide judgment and order dated

02.08.2016.

The previous order sheets of this file goes to

show that appellants have not pursued this first

appeal vigilantly and today also even in the second

round no one has appeared.

In the interest of justice, one more

opportunity is accorded to appellants, list this

appeal again on 18.04.2022."

In view thereof, this civil second appeal is dismissed for

non-prosecution.

(MAHENDAR KUMAR GOYAL),J

Sudha/50

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