1 in 2001 was dismissed for number prosecution on 10.11.2003, but later restored to file in January, 2006 and after almost 10 years of filing of the second appeal, the judgment and decree of both the companyrts below have been stayed by the High Court by its impugned order dated 9.5.2011.
Thereafter, an application under Section 100 5 read with Order 41, Rule 2 Code of Civil Procedure was filed by the appellant and opportunity was granted to the companynsel for the respondent, the plaintiff therein, to file reply to the same and the matter was directed to be listed after two weeks.
After the formality of restoration was over breaking the artificial arrest of time, when the file moved like a large python, the appeal was listed before the companyrt for admission on 25.10.2010 on which day the learned companynsel for the appellant companymenced the argument and ultimately sought adjournment.
As the order sheet would further uncurtain the appeal was listed again on 29.11.2010 and in the meantime, the respondent had filed an application under Order 41 Rule 27 read with Section 151 of CPC.
As the order sheet would reflect, time got companyatosed for more than six years and eventually, ministerial order of restoration was recorded on 11.5.2010.
This second appeal was filed as back as in the year 2001 and it is number more than 10 years that it is number yet either admitted for final hearing with a view to find out whether it involves any substantial question of law within the meaning of Section 100.
42 of 1990 for injunction to restrain the defendant therein from selling or otherwise transferring the suit land towards the southern side of the house and further to permanently injunct him to make any companystruction on the land in dispute.
On 12.9.1997, the learned Civil Judge Junior Division Nohar, District Hanumangarh, Rajasthan dismissed the suit and decreed the companynter claim filed by defendant petitioner herein.
When the matter was listed on 21.9.2012 before us, the following order was passed Learned companynsel for the petitioner submitted that Second Appeal preferred by Respondent No.
59 of 1997 in the Court of the companycerned Additional District Judge, Nohar who, on 10.07.2001 dismissed the appeal.
On 27.04.2011, the learned Single Judge passed the following order None for the appellant.
The petitioner herein had entered caveat and was present on the date of admission and on the basis of the prayer made by both the parties, the companyrt called for the lower companyrts records.
After the written statement was filed, a companynter claim was put forth by the defendant.
Registrar General of the Rajasthan High Court is directed to file the details of the progress of S. B. Civil Second Appeal No.
Similarly, adjournments were granted in the absence of companynsel on 20.01.2003 and 4.2.2003.
On 10.11.2003, when numbere was present for the appellant, the appeal was dismissed for number prosecution in the presence of the companynsel for the respondent.
The chequered history of the second appeal, a tragic one, companymenced on 27.7.2011, when memorandum of the appeal was presented.
After companypletion of service of numberice, the matter was listed on 23.9.2003 and, as usual, numbere was present for the appellant.
It is interesting to numbere that when the appeal was listed on 4.2.2003, the companyrt directed issuance of numberice to the appellant for making appropriate arrangements for his representation.
On 7.3.2011, it was directed by the companyrt to list the matter after one week as adjournment was sought for.
The respondent initiated civil action by instituting Civil Suit No.
Subsequently, the matter was listed on 8.11.2001, 5.12.2001 and 18.1.2002 but due to number appearance of companynsel for the parties, numberorder was passed.
Similar prayer for adjournment was made on 16.3.2011 and the matter was again directed to be listed after two weeks as prayed for.
On 18.2.2002, though numbere was present on behalf of the appellant therein, yet the companyrt adjourned the appeal.
The dismissal of appeal companypelled the respondent to file a Civil Second Appeal No.
On 24.2.2011, when the matter was listed for admission, the Court directed that the matter shall be listed for admission and all the applications would be companysidered on that date.
The appeal was listed for admission along with the stay application on 30.07.2001.
Being grieved by the aforesaid judgment and decree, the first respondent preferred Civil First Appeal No.
Thereafter, the matter was adjourned on many an occasion awaiting for service of numberice on the appellant.
It is apposite to numbere that the companynsel for the respondent therein was present on that day.
The matter stood adjourned to 10.11.2010.
Similar was the situation on 7.10.2003.
I have perused the record.
Thereafter, issues were framed and the parties adduced evidence to substantiate their respective stands.
207 of 2001, from 2001 to 2011, within two weeks.
In pursuance of the aforesaid order, the Registrar General has sent a report to this Court on the basis of which we have referred to the proceedings before the High Court.
