Rajasthan High Court - Jodhpur
Shanti Lal vs Lrs Of Ratan Lal (2023:Rj-Jd:41228) on 29 November, 2023
Author: Madan Gopal Vyas
Bench: Madan Gopal Vyas
[2023:RJ-JD:41228] (1 of 3) [CSA-48/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Second Appeal No. 48/2022
Shanti Lal S/o Faujmal Chaplot, Aged About 75 Years,
Hamirgarh, At Present Nadi Mohalla, Bhilwara
----Appellant
Versus
1. Lrs Of Ratan Lal, District Bhilwara
2. Dalpat Singh S/o Ratan Lal Dangi, Aamliyon Ki Baari,
Bhilwara
3. Lalit Kumar S/o Ratan Lal Dangi, Aamliyon Ki Baari,
Bhilwara
4. Padam Kumar S/o Ratan Lal Dangi, Aamliyon Ki Baari,
Bhilwara
5. Pista D/o Ratan Lal Dangi, Kankroli, Rajsamand
6. Pramila D/o Ratan Lal Dangi, Beawar, District Ajmer
7. Prabha D/o Ratan Lal Dangi, Ajmer
----Respondents
For Appellant(s) : Mr. R.K. Thanvi, Sr. Advocate
Mr. Ashok Thanvi
For Respondent(s) : Mr. Suresh Shrimali
Mr. Rishabh Shrimali
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment
29/11/2023
The present civil second appeal has been preferred by the
defendant-appellant against the judgment and decree dated
06.01.2022 passed by the learned Additional District Judge No. 2,
Bhilwara in Civil Appeal No. 68/2013, whereby the Appellate Court
affirmed the judgment and decree dated 13.09.2013 passed by
[2023:RJ-JD:41228] (2 of 3) [CSA-48/2022]
the learned Additional Civil Judge (Junior Division) No. 1, Bhilwara
in Civil Original Suit No. 79/1992.
2. Learned Counsel for the defendant-appellant submitted that
the learned First Appellate Court has decided the appeal despite
the fact that three applications viz., under Order 41 Rule 27 of the
CPC dated 09.12.2014, under Order 6 Rule 17 of the CPC dated
22.07.2016 and under Order 6 Rule 17 of the CPC dated
03.08.2021 were pending consideration before learned First
Appellate Court. It is submitted that the learned First Appellate
Court ought to first decide the application and then to decide the
appeal. Thus, in view of the above, the matter may be remanded
back to the learned First Appellate Court with the direction to
decide the aforesaid three applications and then to decide the
appeal itself.
3. Per contra, learned counsel appearing for the plaintiffs-
respondents has opposed the prayer made by learned counsel for
the appellant. However, he admits that at the time of deciding the
appeal by the learned First Appellate Court, the three applications
were pending consideration before the learned First Appellate
Court.
4. Heard, learned counsel for the parties and perused the
material available on record.
5. Having regard to the facts and circumstances of the case,
this Court finds it appropriate to remand the matter back to the
learned First Appellate Court.
6. Accordingly, the present civil second appeal is disposed of
with a direction to the learned First Appellate Court to decide the
matter afresh. The learned First Appellate Court further directed to
[2023:RJ-JD:41228] (3 of 3) [CSA-48/2022]
first decide the aforesaid three applications. Thereafter, the appeal
itself be decided within a period of three months from the date
when both the parties were present before the learned First
Appellate Court.
7. Both the parties are directed to appear before the learned
First Appellate Court on 03.01.2024.
8. All the interlocutory applications including the stay
application stands disposed of accordingly.
(MADAN GOPAL VYAS),J
35-Dinesh/-
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