Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 37485 (RAJ)

OMPRAKASH S/O RAMDAYAL v. RAMESHWAR LAL S/O RAMKISHAN DECEASED THROUGH HIS LEGAL HEIRS.

CFA/203/2023 · 2025-10-13

Sudesh Bansal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:41609] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 203/2023 Omprakash S/o Ramdayal, Aged About 51 Years, R/o Kishangarh Renewal, Sub Tehsil Renwal Kishangarh Tehsil Phulera District Jaipur. ----Appellant Versus 1. Rameshwar Lal S/o Ramkishan deceased through His legal heirs:- 1/1. Smt Prabhati Devi W/o Late Rameshwarlal, (Name deleted on death) 1/2. Shri Prakash Sharma S/o Late Rameshwarlal, R/o Renwal Kishangarh Teh. Phulera, Dist. Jaipur. 1/3. Smt. Omi Devi W/o Naresh Bhardwaj D/o Late Rameshwarlal, R/o Opp Jai Sweets Ramganj Bazar Ajmer. 1/4. Smt Santosh W/o Lalchand D/o Rameshwarlal, R/o Sada Bahar Mohalla, Nidad Chowk, Salasar Road, Behind Raghunath Hospital Post Laxmangarh Dist. Sikar. 2. Brahmprakash S/o Shyamsunder, R/o Renwal Kishangarh Teh. Phulera Dist. Jaipur. 3. Satyanarayan S/o Ramgopal, R/o Kishangarh Renwal Tehsil Phulera Dist. Jaipur. ----Respondents For Appellant(s) : Mr. Shashi Kant Saini for Mr. Reashm Bhargava For Respondent(s) : Mr. Bhanu Prakash Pareek HON'BLE MR. JUSTICE SUDESH BANSAL Order 13/10/2025 1. This first appeal was filed on and behalf of plaintiff against the judgment and decree dated 19.10.2022 passed in Civil Suit No.01/2002 by the Additional District Judge No.1 Sambhar Lake, District Jaipur, dismissing the plaintiff's suit for cancellation of the [2025:RJ-JP:41609] (2 of 2) [CFA-203/2023] sale deed dated 01.09.2000 of defendant No.2, possession and permanent injunction. 2. As per order-sheet dated 20.04.2024, default on the part of appellant, was taken on record for not taking necessary steps on the death of respondent No.1/3, namely, Smt Omi Devi, who has been stated to be died on 14.03.2017 during course of trial of the suit. Till date, no steps have been taken in this regard. On behalf of respondent No.1/2, counsel has put in appearance. 3. In addition, the contesting respondent No.3 is unserved and fresh notices, despite giving opportunities, have not been filed since 27.05.2024. 4. Counsel, appearing on behalf of appellant-plaintiff, states at Bar that appellant has not turned in his Office to pursue this first appeal and written letter has also issued to him, hence, in that view, counsel pleads no instructions. 5. In such view of the matter, the present first appeal is dismissed in default and for non-prosecution. 6. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin/15