Lrs Of Kasnaram vs Somaram
2023 Latest Caselaw 2570 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 49/2023

1. LRs of Kasnaram S/o Lasaji By Caste Kumhar, R/o Parlai, Tehsil Pindwara, District Sirohi. 1/1. Smt. Mani Devi W/o Kashnaramji, Aged About 70 Years, By Caste Kumhar, Resident of Parlai, Tehsil Pindwara, District Sirohi.

1/2. Vinod Kumar S/o Kasnaram, Aged About 52 Years, By Caste Kumhar, Resident of Parlai, Tehsil Pindwara, District Sirohi.

1/3. Jagdish Kumar S/o Kasnaram, Aged About 50 Years, By Caste Kumhar, Resident of Parlai, Tehsil Pindwara, District Sirohi.

1/4. Gulabi Devi D/o Kasnaram W/o Bhairaram Ji, Aged About 49 Years, By Caste Kumhar, R/o Jhadoli, Tehsil Pindwara, District Sirohi.

1/5. Jyotsana D/o Kasnaramji W/o Dineshji, Aged About 47 Years, By Caste Kumhar, Resident of Nandiya, Tehsil Pindwra, District Sirohi.

1/6. Jatnabai D/o Kasnaramji W/o Prabhuramji, Aged About 45 Years, By Caste Kumhar, R/o Jhadoli Tehsil Pindwra, District Sirohi.

2. Sujaram S/o Lasaji Kumhar, Aged About 71 Years, By Caste Kumhar, R/o Parlai, Tehsil Pindwara, District Sirohi.

----Appellants Versus Somaram S/o Motiji Kumhar, By Caste Kumhar, R/o Parlai, Tehsil Pindwara, District Sirohi.

                                                                 ----Respondent


For Appellant(s)           :    Mr. Rajesh Shah
For Respondent(s)          :    --

HON'BLE MS. JUSTICE REKHA BORANA

Order

29/03/2023

Admit.

The following substantial question of law arises in the

present appeal:

                                                                            (2 of 2)                          [CSA-49/2023]



                                         Whether     the      first   appellate        Court      was   right   in

dismissing the appeal only on the ground of limitation

without reaching to a finding on all the issues as

framed by the Trial Court?

Issue notice. Issue notice of the stay application also.

Notices be filed in two sets. One set of notices be given

'dasti' to learned counsel for the appellants for service through

registered post, acknowledgement due. Notices be made

returnable within a period of four weeks.

Postal receipts of the 'dasti' notices be filed within a period of

one week from the date of receipt of 'dasti' notices.

Call for the record.

Meanwhile, the effect and operation of the judgment and

decree dated 15.10.2014 passed by Civil Judge, Pindwara, District

Sirohi and judgment and decree dated 25.01.2023 passed by

Additional District Judge, Pindwara, District Sirohi shall remain

stayed.

(REKHA BORANA),J 66-Sachin/-

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