Asha Ram vs Smt. Prem Devi
2023 Latest Caselaw 178 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2185/2022

1. Asha Ram S/o Late Sanwarmal (Sanwariya), Aged About 30 Years, By Caste Jat (Diya) R/o Rayala, Tehsil Banera, District Bhilwara.

2. Rahul @ Ramkuwar S/o Late Sanwarmal (Sanwariya), Aged About 29 Years, By Caste Jat (Diya) R/o Rayala, Tehsil Banera, District Bhilwara.

3. Chandraprakash S/o Late Sanwarmal (Sanwariya), Aged About 27 Years, By Caste Jat (Diya) R/o Rayala, Tehsil Banera, District Bhilwara.

4. Smt. Sharda Devi, W/o Late Sanwarmal (Sanwariya), (Name Deleted Due To Dealth) By Caste Jat (Diya) R/o Rayala, Tehsil Banera, District Bhilwara.

----Appellants Versus

1. Smt. Prem Devi W/o Late Ratan Lal Raigar, R/o Tahanal, Tehsil Shahpura, District Bhilwara.

2. Sanwar S/o Late Ratan Lal Raigar, R/o Tahanal, Tehsil Shahpura, District Bhilwara.

3. Ramdev S/o Late Ratan Lal Raigar, R/o Tahanal, Tehsil Shahpura, District Bhilwara.

4. Meera D/o Late Ratan Lal Raigar, R/o Tahanal, Tehsil Shahpura, District Bhilwara.

----Respondents

For Appellant(s) : Mr. Bheru Lal Jat

HON'BLE MS. JUSTICE REKHA BORANA

Order

05/01/2023

The present appeal has been filed against the order dated

12.09.2022 passed by the Additional District Judge No.3, Bhilwara

whereby the matter has been remanded back to the trial Court for

decision afresh in light of the judgment passed in the case of

(2 of 2) [CMA-2185/2022]

Umrao Singh & Ors Vs. Gajanand & Ors; 2018(2) CJ (Civil)

(Raj.) 753.

The case of the appellant is that the matter proceeded

ex-parte against the defendants by the trial Court and the notices/

summons were never served on them. Secondly, the appellate

Court has erred in remanding the matter for decision afresh on the

issue of readiness and willingness whereas the suit itself was filed

after a period of 22 years of the alleged agreement to sell.

Admit.

Issue notice. Notice be made returnable within a period of

four weeks.

Meanwhile, effect and operation of the impugned order dated

12.09.2022 shall remain stayed.

(REKHA BORANA),J 73-Dharmendra/ Sachin/-

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