HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

S.B. Civil Miscellaneous Appeal No. 1281 / 2017

Asha Gupta W/o Shri Omprakash Gupta Kalal, R/o Sumerganj

Mandi, Distt. Bundi, Rajasthan

----Appellant

Versus

1. Badri Lal S/o Shri Hardev Kalal, R/o Sumerganj Mandi, Distt.

Bundi (Since Deceased) Through Legal Representative Ramesh

Chand S/o Late Shri Badri Lal Gupta, B/c Kalal, R/o 01V-28

Talvandi, Kota, Rajasthan

2. Sub Registrar, Indragarh, Distt. Bundi, Rajasthan

3. Rajasthan State Through Tehsildar, Indragarh, Distt. Bundi,

Rajasthan

----Respondents

_____________________________________________________

For Appellant(s) : Mr. D.K. Bhardwaj.

For Respondent(s) : Mr. N.K. Sharma.

_____________________________________________________

HON'BLE MR. JUSTICE INDERJEET SINGH

Judgment

29/11/2017

1.

The instant appeal has been filed by the appellant against

the judgment dated 23.01.2017 passed by the Additional District

Judge, Bundi in Civil Appeal No. 53/2014.

2.

Brief facts of the case are that the respondent-plaintiff has

filed a suit for cancellation of sale deed and permanent injunction

before the trial court, which was dismissed by the trial court vide

order dated 08.05.2014. Aggrieved by the order dated

08.05.2014, the respondent-plaintiff filed a regular appeal before

the Lower Appellate Court i.e. District Judge, Bundi.

3.

The learned Lower Appellate Court allowed the appeal filed

by the respondent-plaintiff vide order dated 23.01.2017 and

remanded the matter back to the learned trial court for deciding

(2 of 2)

[CMA-1281/2017]

the same afresh and further directed the trial court to give a

finding on all the issues.

4.

Aggrieved by the order dated 23.01.2017 the present appeal

has been filed by the defendant-appellant.

5.

Heard counsel for the parties.

6.

After arguing for some time counsel for the appellant

submitted that since the matter has been remanded back to the

learned trial court by the Lower Appellate Court and the suit

no.20/2013 pending before the learned trial court since the year

2013, therefore, the trial court may be directed to decide the

pending suit as early as possible.

7.

Counsel for the respondent has no objection to the

submissions made by the counsel for the appellant.

8.

Considering the submissions made by the counsel for the

parties and also considering the fact that the suit is pending

before the trail court since 2013, I deem it just and proper to

direct the trial court to decide the pending suit no.20/13 within a

period of one year.

9.

Office is directed to send back the record of the trial court

immediately.

10.

Parties are directed to appear before the trial court on

02.01.2018.

11.

The appeal stands disposed of.

(INDERJEET SINGH),J.

Mohit Grover /Sr. No.79.