[2025:RJ-JP:25963] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1270/2007 Murlidhar S/o Ram Kumar Yadav, R/o Vyaso ki Dhani, Village Shripura, Post-Khatipura, Distt. Jaipur(died during appeal) through legal representatives:- 1/1. Bansidhar Yadav Son of Late Shri Murlidhar, aged about 52 years. 1/2. Ram Niwas Yadav, Son of Late Shri Murlidhar, aged about 48 years. 1/3. Jagdish Prasad Yadav Son of Late Shri Murlidhar, aged about 46 years. all residents of Village Shripura, Post Khanipura, Tehsil Amer, District Jaipur 1/4. Smt Prem Devi, Daughter of Late Shri Murlidhar, wife of Shri Jagdish Prasad Yadav aged about 54 years. 1/5. Smt Kamli Devi, Daughter of Late Shri Murlidhar, wife of Shri Lala Ram, aged about 50 years. 1/6. Smt Kasturi Devi, Daughter of Late Shri Murlidhar, wife of Shri Ram Swaroop Yadav aged about 44 years. all residents of Jaipuriyo Ka Bas, Sirsi, Teshil and District Jaipur ----Appellant/Defendant Versus 1. Smt Ganga Devi w/o Sh. Prem Chand Tahliyani R/o J-75, Adarsh Nagar, Ashok Chok, Jaipur at present residing 2-D/43, Lohiya Nagar, Lal Bahadur Shastri Marg, Kurla -Mumbai-70 (died during appeal) through legal representatives:- 1/1. Hari Kishan Ganwani, Son of Late Shri Aasan Das Ganwani, resident of 2/280, Jawahar Nagar, Jaipur Plaintiff/Respondent 2. Subhash Sindhi Cooperative Housing Society Ltd., Tonk Phatak, near Railway Pulia, Tonk Road, Jaipur 3. Bhojrajmal Dadalani S/o Sh. Tirtha Das, through Laxam Das, Fruit Marchant, Chandpole Parkota, Jaipur and Ex Member Sh. Subhash Sindhi Cooperative Housing Society Ltd., Tonk Phatak, near Railway Pulia, Tonk Road, Jaipur. 4. Smt. Fukmani Devi W/o Sh. Reva Chand R/o 260-61, Bani Park, Sindhi Colony, Jaipur. [2025:RJ-JP:25963] (2 of 3) [CMA-1270/2007] 5. Murlidhar S/o Sh. Basarmal, R/o Sindhi Colony, Kalwad Road, Jaipur. 6. Ram Kumar Yadav s/o Namalum, R/o Vyaso Ki Dhani, Village Shripura, Post-Khanipura, Distt. Jaipur. ----Respondents/Defendants For Appellant(s) : Mr. Prakhar Gupta For Respondent(s) : Mr. J.P. Goyal (Sr. Adv.) with Ms. Meenal Bhargava HON'BLE MR. JUSTICE MANEESH SHARMA Order 12/07/2025 1. Present appeal has been filed against the order dated 25.01.2007, whereby the learned Appellate Court while allowing the application filed under Order 41 Rule 27 of the Code of Civil Procedure, 1908 set aside the Judgment and Decree dated 27.04.1995 passed by the learned Trial Court and remanded the matter to the Trial Court for fresh adjudication of the case in light of the additional document, with a further direction to conclude the trial within a period of two (2) months. 2. During the course of hearing it transpired that after the remand order, the learned Trial Court proceeded further and granted an opportunity to the plaintiff to prove the said document, accordingly the said document was exhibited and the plaintiff has been cross-examined on the said document by the appellant, thus, now the entire exercise has been concluded, and the case has been fixed for the pronouncement of judgment. 3. In that view of the matter, this Court is not inclined to interfere with the impugned order passed by the learned Appellate Court. [2025:RJ-JP:25963] (3 of 3) [CMA-1270/2007] 4. Even otherwise, as the parties to the appeal are always at liberty to assail the final judgment and decree to be passed by the learned Trial Court on merits in accordance with law. 5. Therefore, the present appeal fails and is accordingly dismissed. 6. Further, the learned Trial Court is directed to decide the pending civil suit within a period of one (1) month from today. 7. Registrar(Judicial) is directed to ensure that the record of the case be sent to the learned Trial Court within a period of seven (7) days. 8. Parties to the appeal are directed to remain present before the learned Trial Court on 24.07.2025. (MANEESH SHARMA),J SOURAV /128