[2025:RJ-JP:4034] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 433/2024 1. Umraw S/o Sundar, 2. Gokal S/o Narayan and Adopted S/o Kalyan, 3. Nathulal S/o Sundar, 4. Meethalal S/o Sundar, 5. Lalchand S/o Sundar, 6. Shravan S/o Narayan, 7. Shanti W/o Sundar, 8. Babulal S/o Chitar, 9. Rajesh S/o Chitar, All are residents of Dhanawad, Tehsil Bandikui, District Dausa. ----Appellants-Plaintiffs Versus 1. Moti S/o Narayan, 2. Ramphool S/o Narayan, 3. Harphool S/o Narayan, 4. Ghasi S/o Birdaya, 5. Shrinarayan S/o Ghasi, 6. Kedar S/o Ghasi S/o Ghasi, All are residents of Dhanawad, Tehsil Bandikui, District Dausa. 7. Tehsildar, Tehsil Baswa, District Dausa. 8. Sub District Collector, Bandikui, District Dausa. 9. Tehsildar, Tehsil Bandikui. 10. Patwari Halka Dhanawad, Tehsil Bandikui, District Dausa. 11. Girdawar, Halka Deladi, Tehsil Bandikui, District Dausa. 12. State Of Rajasthan, Through District Collector, Dausa ----Respondents-Defendants For Appellant(s) : Mr. Jai kishan Yogi with Mr. Kanhaiya Lal Jogi & Mr. Yenu Satyam [2025:RJ-JP:4034] (2 of 3) [CSA-433/2024] For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 29/01/2025 1. Instant S.B. Civil Second Appeal is preferred after dismissal of Civil Regular Appeal No. 16/2023 on 05.08.2024 by learned Additional District Judge No.1, Bandikui, District Dausa, wherein the Appellate Court has affirmed the judgement dated 07.08.2023 in Civil Suit No. 01/2023 passed by learned Civil Judge, Bandikui, District Dausa. 2. Facts giving rise to instant second appeal are that the appellant-plaintiff had filed a civil suit for declaration, permanent injunction and mandatory injunction on the ground that by committing fraud and misrepresentation the respondent-defendant Nos. 1 to 6 have filed revenue suit No. 27/2012 before the Sub- Divisional Collector, Bandikui and after effecting a sham and bogus service through adoption of fabricated means, a decree was obtained on 04.10.2012. Further in private, respondent Nos. 1 to 6 hatched a conspiracy and filed an appeal on behalf of plaintiffs, Chhitar and Kalyan before the Revenue Appellate Authority (RAA) which was dismissed for non-prosecution on 27.04.2015. The plaintiffs having no knowledge about filing of either the revenue suit or the appeal have filed the instant civil suit for declaration of judgement and decree dated 04.10.2012 in revenue suit No. 27/2012. Further, order dated 27.04.2015 dismissed the appeal in default. Another relief based on orders dated 23.03.2021 and 08.10.2021 along with mutation dated 18.11.2021 was claimed [2025:RJ-JP:4034] (3 of 3) [CSA-433/2024] with declaration for said orders and mutation. Further, ancillary relief of injunctions both permanent and mandatory were sought by the appellants-plaintiffs. 3. During course of arguments, learned counsel for appellants- plaintiffs agreed to the suggestion that he will move a restoration application before the Revenue Appellate Authority, on all such grounds as available to them. Any order obtained by playing fraud and misrepresentation is void and non-est in the eyes of law, as laid down by Hon’ble Supreme Court in case of S.P. Chengal Varaya Naidu (Dead) by LRs. Vs. D. Jagannath (Dead) by LRs. and Ors. (1994) 1 SCC 1. Thus, he offered to withdraw the instant appeal with liberty to take steps as indicated hereinabove. 4. Having considered the submission in light of the judgement referred hereinabove, the S.B. Civil Second Appeal is disposed of as withdrawn with liberty as aforementioned. 5. Misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /60