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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil First Appeal No. 352/2019

Yashwant Kumar S/o Shri Shrilal Ji Lohar, Aged About 56 Years,

R/o L-2-17, Jaishree Colony, Near Bohara Ganesh Temple,

Udaipur (Rajasthan)

----Appellant

Versus

1.

Tulsi Ram S/o Late Shrilal Ji Lohar, R/o 179, Uttari Aayad,

Udaipur.

2.

Shri Prakash Kumar S/o Late Shrilal Ji Lohar, R/o L-2-17,

Jaishree Colony, Near Bohara Ganesh Temple, Udaipur

(Rajasthan)

3.

Shri Vijay Kumar S/o Late Shrilal Ji Lohar, R/o L-2-17,

Jaishree Colony, Near Bohara Ganesh Temple, Udaipur

(Rajasthan)

4.

Shri Ramesh Choudhary S/o Shri Bhanwar Lal Choudhary,

R/o House No. 37, Dhaybhai-Ji-Ki-Badi, Ashok Nagar,

Udaipur (Rajasthan)

5.

Shri Shikhar Jain S/o Shri Madan Lal Jain, R/o Village

Kun, Tehsil Lasadiya, District Udaipur, (Rajasthan)

----Respondents

Connected With

S.B. Civil First Appeal No. 438/2019

Ramesh Chaudhary S/o Sh. Bhabwar Lal Chaudhary, Aged About

69 Years, B/c Jaat, R/o House No. 37, Dhaaybhai Ji Ki Baadi,

Ashok Nagar, Udaipur (Rajasthan)

----Appellant

Versus

1.

Yashwant Kumar S/o Shri Lal Ji Lohar, Aged About 59

Years, B/c Lohar, R/o L-2-17, Jai Shree Colony, Near By

Bohra Ganesh Mandir, Jaipur (Rajasthan)

2.

Tulsi Ram S/o Late Shri Lal Lohar, B/c Lohar, R/o House

No. 179, North Aayad, Udaipur (Rajasthan)

3.

Prakash Kumar S/o Late Shrilal Lohar, R/o L-2-17, Jai

Shree Colony, Near By Bohra Ganesh Mandir, Udaipur

(Rajasthan)

4.

Vijay Kumar S/o Late Shri Lal Lohar, R/o L-2-17, Jai Shree

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Colony, Near By Bohra Ganesh Mandir, Udaipur

(Rajasthan)

5.

Shikhar Jain S/o Madan Lal Ji Jain, Aged About 43 Years,

R/o Kunn, Tehsil Lasadiya, District Udaipur (Rajasthan)

----Respondents

For Appellant(s)

:

Mr. Abhishek Pareek

Mr. Siddharth Mandawat for

Mr. Deelip Kawadia

For Respondent(s)

:

Mr. Khet Singh Rajpurohit

Mr. Gaurav Choudhary for

Mr. Muktesh Maheshwari

HON'BLE MS. JUSTICE REKHA BORANA

Order

09/10/2023

1.

The present appeals pertain to the year 2019 and on

12.09.2019, while admitting the appeal, notices were directed to

be issued to the respondents.

2.

Vide office report dated 07.03.2020, it was pointed out that

notices of respondent Nos.2, 3 & 5 have been received unserved

for want of fresh address as the noticees had shifted to another

address. Subsequent to the same, power on behalf of respondent

Nos.2 and 3 was filed and hence, service qua them stood

complete. However, notices of respondent No.5 were directed to

be filed with correct address for which time was granted by the

Court on 05.02.2022.

3.

In pursuance to order dated 05.02.2022, the notices were

filed again with the same old address and therefore, vide order

dated 29.06.2022, time was again granted to file the notices with

correct address. But again, the notices were filed with the same

old address and hence, on 22.08.2023, again two weeks’ time was

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granted for filing of notices with correct address. On that date, it

was observed that if the notices with the correct address are not

filed within the stipulated period, the appeals would be listed

before the Court for dismissal.

4.

As per the office report dated 26.09.2023, the notices have

again been filed with the same address.

5.

In view of the same, the present appeals are dismissed in

non-compliance.

6.

Stay petitions and all pending applications, if any, stand

disposed of.

(REKHA BORANA),J

78,79-T.Singh/-