[2025:RJ-JP:14550] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 115/2024 1. Ramnarayan S/o Ramsahay, R/o Village Rajpura, Tehsil Nangal Rajavtan, District Dausa. 2. Smt. Chhoti Devi W/o Ramnarayan, R/o Village Rajpura, Tehsil Nangal Rajavtan, District Dausa. ----Appellants Versus 1. Ramniwas S/o Chhajuram, R/o Village Rajpura, Tehsil Nangal Rajavtan, District Dausa. 2. Ramswaroop S/o Chhajuram, R/o Village Rajpura, Tehsil Nangal Rajavtan, District Dausa. 3. Ramshwar S/o Chhajuram, R/o Village Rajpura, Tehsil Nangal Rajavtan, District Dausa. 4. Gyanchand S/o Jela, R/o Village Rajpura, Tehsil Nangal Rajavtan, District Dausa. ----Respondents For Appellant(s) : Mr. J.P. Goyal, Senior Advocate assisted by Ms. Meenal Bhargava, Advocate For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 01/04/2025 1. Aggrieved from judgment dated 31.10.2023 in civil regular appeal No. 40/2020 (17/2015) passed by learned District Judge, Dausa, instant second appeal is preferred by appellant- defendants. 2. Respondent Nos. 1 to 3 has filed a civil suit No. 90/2011 and same was decreed by the Presiding Officer, Gram Nayalaya, Dausa on 31.03.2015 restraining the appellants-defendants from forcible dispossession and directed eviction by adopting a due process of law. [2025:RJ-JP:14550] (2 of 2) [CSA-115/2024] 3. The Appellate Court has further modified the decree on an appeal preferred by plaintiffs specifying the suit property as Guwadi situated in Khasra No. 339 admeasuring 35x21 feet but maintained the protection to the plaintiff restraining the appellant- defendants from dispossession without adopting a due process of law. 4. Learned Senior Advocate submits that appellants-defendants have filed a suit for possession against respondents-plaintiffs and same is pending before the trial Court. 5. During course of argument, learned Senior Advocate submits that the Trial Court and the Appellate Court have granted protection only against the dispossession without adopting a due process of law, and the findings recorded by the Trial Court and the Appellate Court may not affect appellant-defendants in a suit for dispossession of respondent-plaintiff from the suit property. He also submits that the findings recorded by both the Courts below are for very limited purpose. 6. At last, he submits that he has raised all the issues before the Trial Court in a subsequent suit for possession filed by appellants and a liberty be granted to raise all the grounds before the Trial Court in a suit filed against respondent-plaintiffs for dispossession. With aforesaid, learned Senior Advocate offers to withdraw instant civil second appeal. 7. Having considered aforesaid, the instant appeal is dismissed as withdrawn with liberty as aforesaid. 8. Pending application(s), if any, also stands disposed of. (ASHOK KUMAR JAIN),J MONU /17