Devi Lal vs Mohan Bai
2023 Latest Caselaw 4584 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 177/2022

Devi Lal S/o Shri Jagannath, Aged About 61 Years, B/c Kulmi, R/o Village Kalyanpura, Tehsil And Distt. Pratapgarh (Raj.).

----Appellant Versus

1. Mohan Bai W/o Shri Mohan Lal, B/c Kulmi, R/o Village-

Kalyanpura, Tehsil And Distt. Pratapgarh (Raj.).

2. Mohan Lal S/o Shri Bhanwar Lal, B/c Kulmi, R/o Village-

Kalyanpura, Tehsil And Distt. Pratapgarh (Raj.).

3. L.Rs of Babu Lal Sharma :

3/1. Smt. Gattu Bai W/o Late Babu Lal Sharma, B/c Brahaman, R/o Village-Kalyanpura, Tehsil And Distt. Pratapgarh (Raj.).

3/2. Bharat S/o Shri Babu Lal, B/c Brahaman, R/o Village- Kalyanpura, Tehsil And Distt. Pratapgarh (Raj.). 3/3. Rohit S/o Shri Babu Lal, B/c Brahaman, R/o Village- Kalyanpura, Tehsil And Distt. Pratapgarh (Raj.). 3/4. Smt. Lali D/o Shri Babu Lal Sharma, W/o Shri Manish Brahaman, R/o Village Sandiya, Tehsil Manasa, Distt. Mandsor (M.P.).

3/5. Ku. Shiv Kanya D/o Shri Babu Lal Sharma, B/c Brahaman, R/o Village-Kalyanpura, Tehsil And Distt. Pratapgarh (Raj.).

----Respondents

For Appellant(s) : Mr. Shambhoo Singh

HON'BLE MS. JUSTICE REKHA BORANA

Order

12/05/2023

1. Heard.

The following substantial questions of law arise in the

present appeal:

(2 of 2) [CSA-177/2022]

(i) Whether the learned Courts below erred in holding the earlier

judgment dated 07.05.2005 qua the lis between defendant No.3

Babulal and plaintiff Devilal to be final and binding totally ignoring

the fact that the relief in the present suit had been prayed against

defendants no.1 & 2 also who could not have been governed by

the said judgment ?

(ii) Whether the learned Courts below erred in ignoring the

specific admission of defendant no.3 Babulal himself that the

earlier suit was not qua the plaintiff Devilal's land ?

2. Admit.

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 appellant 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.

3. Meanwhile, status quo regarding the property in question

shall be maintained.

(REKHA BORANA),J 70-Vij/-

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