JUDGMENT :

Ashok Kumar Jain, J.

1. Instant First Appeal is preferred aggrieved from judgment and decree dated 15.04.2015 in Civil Suit No.5/2012 (101/2008)(81/2008), whereby learned Addl. District Judge No.2, Jhunjhunu, has dismissed the Civil Suit for declaration and permanent injunction filed by appellant-plaintiff.

2. In this matter, Hon'ble Supreme Court while disposing of SLP (Civil) Diary No.46786/2023 on 13.12.2023, has observed that the matter should be listed before appropriate Bench for disposal.

3. Having considered the directions of Hon'ble Supreme Court, we are disposing of the instant First Appeal.

4. Learned Senior Advocate for appellant relying upon judgments in the case of V. Rajeshwari v. T.C. Saravanabava : 2004 (1) SCC 551; Canara Bank v. N.G. Subbaraya Setty & Anr. :(2018) 16 SCC 228; Shakuntla Devi v. Kamla & Ors.: (2005) 5 SCC 390; Gurucharansingh and Ors. v. Mst. Gurdayal Kaur And Ors.: AIR 1982 (Raj.) 91; Gurbux Singh v. Bhooralal : AIR 1964 SC 1810 and Smt. Kaushalya Devi vs. State of Rajasthan : RLW 1989(2) 380, would submitted that the learned Trial Court without recording findings on issue Nos. 1, 2, 3, 5, 6 and 7 has dismissed the Civil suit only on the bas