BITTHAL BHAGWAN S/O GANGA LAHARI v. BADRI PRASAD SON OF SITARAM MAHAJAN
CSA/236/2020 · 2025-02-11
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18601 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18601 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:5950] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 236/2020 Bitthal Bhagwan S/o Ganga Lahari, Resident Of Khairthal, Tehsil Kishangarh -Bas, District Alwar, Rajasthan ----Appellant Versus
1. Badri Prasad Son Of Sitaram Mahajan, Resident Of Savin Khairthal (Since Deceased Through His Legal Heirs) 1/1 Ram Pratap S/o Badri Prasad, Resident Of Khairthal, Tehsil Kishangarh Bas, District Alwar, Rajasthan. 1/2 Brahmanand Son Of Badri Prasad, R/o Khairthal, Tehsil Kishangarh-Bas, District Alwar, Rajasthan 1/3 Rambabu Son Of Badri Prasad, R/o Khairthal, Tehsil Kishangarh-Bas, District Alwar, Rajasthan 1/4 Subhash Chand Son Of Badri Prasad, R/o Khairthal, Tehsil Kishangarh-Bas, District Alwar, Rajasthan 1/5 Smt Madhu Daughter Of Badri Prasad, R/o Khairthal, Tehsil Kishangarh-Bas, District Alwar, Rajasthan 1/6 Smt. Gulab Devi Wife Of Badri Prasad, R/o Khairthal, Tehsil Kishangarh-Bas, District Alwar, Rajasthan ----Respondents For Appellant(s) : Mr. Alok Chaturvedi For Respondent(s) : Mr. Aatish jain with Mr. Rakesh Kumar HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 11/02/2025
1. Instant Second Appeal is preferred by appellant-defendant aggrieved from dismissal of civil regular appeal No. 29/2018 (02/11) passed by learned Additional District Judge No.2, Kishangarh Bas, District Alwar on 01.02.2020 whereby judgment and decree dated 25.02.2011 in civil suit No. 15/92 passed by
[2025:RJ-JP:5950] (2 of 2) [CSA-236/2020] learned Civil Judge (Junior Division), Kishangarh Bas, District Alwar was affirmed.
2. During course of argument, learned counsel for the parties agreed that the decree passed by the Trial Court may be maintained but respondent-plaintiffs be restrained to use the gallery, staircase, chowk, courtyard, poli, baramda for family members, relatives as visitors and lawful tenant of respondent- plaintiff.
3. Having considered the submission, the instant second appeal is disposed of affirming the judgment and decree dated 25.02.2011 and 01.02.2020 passed by the Courts below with modification as mentioned in para-2 hereinabove.
4. Decree be drawn accordingly.
5. Pending application(s), if any, also stands disposed of.
(ASHOK KUMAR JAIN),J MONU /19