[2025:RJ-JP:24536] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 5901/2017 Shankar Lal (since deceased through his legal representatives: 1/1. Radheyshyam, aged about 67 years 1/2. Pawan Kumar, aged about 64 years 1/3. Gopal, aged 62 years 1/4. Satyanarayan, aged 58 years 1/5. Laxminarayan, aged 54 years 1/6. Ramkishan, aged 62 years 1/7. Kailash, aged 50 years 1/8. Vinay Kumar, aged 48 years All Nos. 1/1 to 1/8 sons of Late Shankar Lal, r/o Kapil Mandi, Neem-ka-Thana, District Sikar (Raj.) ----Plaintiff-Appellants Versus 1.Chetmal s/o Late Parmanand, aged 67 years, r/o Ward No.14, Khetri Mod, Neem-ka-Thana, owner of firm jaikishan cycle store, kapil mandi, Neem-ka-Thana, District Sikar (Raj.) (Since Deceased) 1/1. Hari Prasad s/o Chetmal, r/o Neem-ka-Thana, District Sikar at present r/o Parwana Apartment T-10, I Block, Sector No.9, Rohini, New Delhi-110085 1/2. Harphool S/o Chetmal, r/o Neem-ka-Thana, District Sikar at present r/o Parvana Apartment, 9-11, D-Block Sector 9, Rohini, New Delhi-110085 1/3. Anil Kumar s/o Chetmal, r/o Neem-ka-Thana, District Sikar at present r/o Kadam Trading Company, 318, Marble Market Mangolpuri Kalala, near MCD Mark Wali Gali, New Delhi-110083 1/4. Kishan s/o Chetmal, r/o through Jai Kishan Cycle Store, kapil mandi, neem ka thana, District Sikar(Raj.) 1/5. Rakesh Agarwal s/o Chetmal, r/o Contabel Sheoroom, opposite kamla modi market, agrasen market, ward No.1, Kapil Mandi, Neem-ka-Thana, District Sikar (Raj.) 1/6. Smt. Gyarsi Devi w/o Chetmal, r/o Khetri Mode, Neem-ka- Thana, District Sikar through Jai Kishan cycle store, Neem-ka- Thana, district sikar (Raj.) (since deceased) 1/7. Sunnidevi d/o Chetmal w/o Kailash Chandra r/o Kailash Chandra Gajanand Banna Ka Agency, old bus stand, shahpura, Jaipur (Raj.) 1/8. Smt. Sunita @ Santara d/o chetmal w/o naresh, r/o Srikrishna Industries BB Road Industrial Area, Udhampur, Jammu Kashmir through House No.4 D A Ward No.16, Panchkola Chowk, Udhampur-181101 (J&K) 1/9. Suman d/o Chetmal w/o Arvind, r/o Neem-ka-Thana, at present Rishikesh ----Defendants-Respondents 2. Mohan Lal S/o Late Hazari Lal, r/o Kapil Mandi, Neemkathana, District Sikar (Raj.) (Since deceased) through his LRs. 2/1. Smt. Geeta Devi w/o Late Mohan Lal 2/2 Suresh [2025:RJ-JP:24536] (2 of 3) [CMA-5901/2017] 2/3 Naresh Both sons of late Mohan Lal 2/4 Munni 2/5 Krishana 2/6 Anju 2/7 Archana 2/8 Rekha Nos.2/4 to 2/8 all are daughters of Late Mohan Lal r/o Kapil Mandi, Neem-ka-Thana, District Sikar (Raj.) ----Proforma-defendants-Respondents For Appellant(s) : Mr. Dheeraj Tripathi For Respondent(s) : Mr. Jai Raj Tantia HON'BLE MR. JUSTICE MANEESH SHARMA Order 03/07/2025 1. The present appeal has been filed by the plaintiff/appellants under Order 43 Rule 1(u) of the Civil Procedure Code, 1908 assailing the impugned order dated 16.09.2017 passed by the learned Additional District & Sessions Judge, Neem-ka-Thana, District Sikar (hereinafter referred to as 'the Appellate Court') in Civil Regular Appeal No.18/2011, whereby the learned Appellate Court allowed the appeal of the defendant/respondents and set aside the judgment and decree dated 01.08.2011 passed by the learned Civil Judge (Senior Division), Neem-Ka-Thana, District Sikar (hereinafter referred to as 'the Trial Court'), and remanded the matter to the Trial Court for reconsideration. 2. After considering the pleadings of the parties and the documents available on record, the learned Appellate Court, while deciding the appeal, noted that the eviction suit was filed in the year 2004. Therefore, the learned Appellate Court directed the [2025:RJ-JP:24536] (3 of 3) [CMA-5901/2017] learned Trial Court to decide the pending suit within a period of three months. 3. Being aggrieved of which, the plaintiff/appellants preferred this appeal. 4. After arguing at some length, the learned counsel for the plaintiff/appellants submits that this appeal is pending since 2017 and causing delays in adjudication, his client would be satisfied if the learned Trial Court is directed to decide the pending eviction suit within a period of one month from today. 5. Having considered the prayer made by learned counsel for the appellants, this Court finds it to be just and proper in the interest of the plaintiff/appellants. Therefore, this Court while dismissing this appeal, directs the learned Trial Court to conclude the hearing of the eviction suit, pending since 2004, within a period of one month from today. 6. The record of the case shall be remitted back forthwith. The Registrar (Judicial) is directed to ensure that the record of the case reaches to the learned Trial Court within a period of 7 days from today. 7. With these observations, the present appeal stands dismissed. 8. The stay application and any other pending application(s), if any, stand disposed of. (MANEESH SHARMA),J Seema/103