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2013 Supreme(Raj) 1459

ARUN BHANSALI
Vagaram – Appellant
Versus
Gautam Rishi Trust – Respondent


For the Appellants:N.M. Lodha, Senior Advocate assisted by V.D. Dadhich and K.L. Thakur Advocates.
For the Respondent No. 1 in CLA No. 2/2013 & Respondent No. 10 in CLA No. 3/2013:Rajesh Shah, Advocate.
For the Respondents No. 4 & 5 in CLA No. 2/2013 & Respondent No. 8 & 9 in CLA No. 3/2013:A.A. Bhansali, Advocate.
For the Respondents: None.

JUDGMENT

1. - Heard learned counsel for the parties.

2. An application has been filed by the appellants seeking leave to file an appeal against the order dated 4.1.2012 passed by the District Judge, Sirohi in Civil Misc. Case No. 2 of 2011 titled as Gautam Rishi Trust Meena Samaj through its Chairman Umaram and others v. Vardaram and others and Civil Misc. Case No. 4 of 2011 titled as Sonaram & Ors. v. Vardaram and others .

3. It is submitted in the application that three misc. applications being 49/2010, 2/2011 and 4/2011 came to be filed in pursuance of the order passed by the Assistant Commissioner, Devasthan under Section 38 of the Rajasthan Public Trust Act, 1959.

4. While the appellants were impleaded as parties to Civil Misc. Case No.49/2010, they were not parties to Civil Misc. Case Nos. 2/2011 and 4/2011. However, all these three misc. cases were being considered simultaneously by the District Judge as the same related to Shri Gautam Rishi Trust. It is further submitted that all these three civil misc. cases (supra) came to be decided by way of compromise by order dated 4.1.2012. As the appellant was party to Civil Misc. Case No.49/2010, immediately appeal was filed agains














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