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2022 Supreme(SC) 465

AJAY RASTOGI, BELA M. TRIVEDI
Munni Devi Alias Nathi Devi (Dead) Thr Lrs. – Appellant
Versus
Rajendra Alias Lallu Lal (Dead) Thr Lrs. – Respondent


Advocates appeared:
For the Appellant(s) :Pratibha Jain, Advocate
For the Respondent(s):Rishabh Sancheti, Padma Priya, Anchit Bhandari, Suyash Jain, Saloni Bhandari, Zeeshan Ali, K. Paari Vendhan, Advocates

JUDGMENT :

Bela M. Trivedi, J.

The present appeal is directed against the judgment and decree dated 20.07.2017 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur in S.B. Civil First Appeal No. 120 of 1989, filed by the Appellants under Section 96 read with Order 41 of CPC, whereby the High Court while allowing the said First Appeal has set aside the judgment and decree dated 05.08.1989 passed by the Additional District & Sessions Judge, Class-1, Jaipur (hereinafter referred to as "the trial court") in Civil Suit No. 56/73, and has dismissed the suit filed by the plaintiff Daulalji, the predecessor of the present appellants, against the defendant no. 1 Bhonri Devi, the predecessor of the present respondent Nos. 1 to 3 and others.

2. In order to appreciate the controversy involved in the matter, it would be beneficial to reproduce the genealogical table/pedigree of the families of the parties.

3. The original plaintiff Daulalji filed the suit being No. 56 of 1973 seeking possession of the suit property alongwith the mesne profits, against the original defendant - Smt. Bhonri Devi, widow of Late Shri Dhannalalji and against the other defendant Nos. 2 to 12, who were the


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