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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
CHANDRA SHEKHAR SHARMA
Premchand S/o Shri Velji Panchal – Appellant
Versus
Mangilal S/o Shri Devchand Ji Lohar – Respondent
JUDGMENT :
CHANDRA SHEKHAR SHARMA, J.
1. Appellants-plaintiffs - Premchand & Shantilal have preferred this Regular First Appeal under Section 96 of the Code of Civil Procedure challenging the impugned judgment and decree dated 10.04.2019 passed by the Additional District Judge, Sangwara, District Dungarpur in Civil Original Suit No. 09/2018, whereby the trial Court dismissed the suit filed by the appellants-plaintiffs for Pre-emption in respect of the property in question.
2. Facts leading to the filing of this first appeal are that on 18.02.2013 appellants-plaintiffs instituted Civil Original Suit No.09/2018 against the respondents-defendants with the averments that the appellants-plaintiffs are in possession of ancestral house measuring 73.9’ x 29’ situated at Chhota Bodigama as owners. The house of respondents-defendants Nos. 1-3 is situated towards southern side of appellants-plaintiffs house. It was further submitted that father of the appellants-plaintiffs namely Velji had constructed a house for father of defendant Nos. 1 and 2 measuring 73.6’ x 13.6’ having existed a common wall in between both the houses.
3. It was further alleged that the respondents-defendants had sold their
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