ORDER
S.B. Civil First Appeal No. 239/2002 preferred against the judgment and decree of the trial court - District Judge, Rajsamand passed in Civil Original Suit No.46/2001  (3/99) (42/96) dated 24th Oct., 2002 dismissing  the suit of the plaintiff -Mandir Thakurji Shri Mathuradassji, Chota Bhandar, Kakroli and three others after holding that the suit is abuse of process of law.

2. S.B.Civil First Appeal No.232/2005 has been preferred to challenge the judgment and decree dated 19th May, 2005 passed by the Court of District Judge, Rajsamand in Civil Execution Case No.6/2001 whereby the appellant’s application filed under Oder 21 Rule 97 read with Section 151 CPC was dismissed.

3. Since the matter is related to the same property and issue involved are common question of facts and law, therefore, these both appears are heard together and are decided by this common judgment.

4. The  litigation has chequered history. One property was sold by one Krishan Kumar as his personal property to respondent Nos. 1 to 6 (in both the appeals) on 18th Dec., 1978. It appears that some of the properties were already let out to State Government and, therefore, the purchasers respondent No.1 to 6 after pur

Click Here to Read the rest of this document