Dismissed

Jaanat Bai v. Abdul Majid

Rajasthan HC6 Oct 2023CFA/605/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur dismissed three S.B. Civil First Appeals (Nos. 604, 602, 605 of 2020) filed by Janaat Bai against her family members. The court held that the defects pointed out by the office were not cured and the appeals were not prosecuted by the counsel, leading to their dismissal for non-compliance and non-prosecution.

What did the court decide?

The appeals and pending stay petitions were dismissed for non-compliance and non-prosecution.

Jaanat Bai Vs Abdul Majid — Civil Procedure and Limitation | Rajasthan HC (2023)

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[2023:RJ-JD:34029]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil First Appeal No. 604/2020

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Jaanat Bai W/o Shri Abdul Gaffar, Aged About 65 Years, R/o Suraj Pol, Banswara.

¶5

----Appellant

¶6

Versus

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Abdul Majid S/o Shri Khudabaksh, R/o Suraj Pol, Banswara.

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Vikas S/o Shri Laxmi Lal Jain, R/o Banswara, At Present 68-B, Adahinath Nagar Bhabubali Colony, Banswara.

¶9

Laxmi Lal S/o Shri Tarachand Jain, R/o Banswara At Present 68 B Adinath Nagar Bahubali Colony Colony Banswara.

¶10

----Respondents

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Connected With

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S.B. Civil First Appeal No. 602/2020

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Jaanat Bai W/o Shri Abdul Gaffar, Aged About 65 Years, R/o Suraj Pol, Banswara.

¶14

----Appellant

¶15

Versus

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Abdul Majid S/o Shri Khudabaksh, R/o Suraj Pol, Banswara.

¶17

Paresh S/o Shri Laxmi Lal Jain, R/o Banswara At Present 68 B Adhinath Nagar Bahubali Colony Banswara.

¶18

Laxmi Lal S/o Shri Tarachand Jain, R/o Banswara At Present 68 B Adinath Nagar Bahubali Colony Colony Banswara.

¶19

----Respondents

¶20

S.B. Civil First Appeal No. 605/2020

¶21

Jaanat Bai W/o Shri Abdul Gaffar, Aged About 65 Years, R/o Suraj Pol, Banswara.

¶22

----Appellant

¶23

Versus

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Abdul Majid S/o Shri Khudabaksh, R/o Suraj Pol, Banswara.

¶25

Sushila Devi W/o Shri Laxmi Lal Jain, R/o Banswara, At

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(2 of 4) [CFA-604/2020]

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[2023:RJ-JD:34029]

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Present 68-B, Adahinath Nagar Bhabubali Colony, Banswara.

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Laxmi Lal S/o Shri Tarachand Jain, R/o Banswara At Present 68 B Adinath Nagar Bahubali Colony Colony Banswara.

¶30

----Respondents

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For Appellant(s)	: Mr. Mahendra Trivedi
For Respondent(s)	: Mr. Narendra Thanvi

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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06/10/2023

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[S.B. Civil First Appeal No. 604/2020]

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The present appeal pertains to year 2020 and two defects were pointed out by the office. Time to remove the defects was granted by the Registrar (Adm.) on 19.01.2021 and further by the Court on 17.07.2023.

¶37

On 05.09.2023, none appeared for the appellant and hence the matter was directed to be listed on 06.09.2023. On that date, time was granted and matter was directed to be listed on 12.09.2023.

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On 12.09.2023, learned counsel for the appellant submitted that as per his information, a compromise has been entered into between the parties and he prayed for time to complete his instructions and hence the matter was directed to be listed on 18.09.2023.

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On 18.09.2023, learned counsel for the appellant submitted that he had no instructions from the appellant and hence he

[2023:RJ-JD:34029]

[CFA-604/2020]

(3 of 4)

served a registered notice on her. He prayed for time to place on record the notice/postal receipt of the notice sent.

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Today, notice as well as postal receipt of the same has been placed on record. The defects as pointed out by the office have not been cured till date.

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In view of the notice served, learned counsel for the appellant pleaded “no instructions” in the matter. 7. In view of the above, the present appeal is dismissed for non-compliance and non-prosecution. 8. The stay petition and the pending application, if any, also stand dismissed.

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[S.B. Civil First Appeal No. 602/2020]

¶47

The present appeal pertains to year 2020 and two defects were pointed out by the office. Time to remove the defects was granted by the Registrar (Adm.) on 19.01.2021.

¶48

On 18.09.2023, learned counsel for the appellant submitted that he had no instructions from the appellant and hence he served a registered notice on her. He prayed for time to place on record the notice/postal receipt of the notice sent.

¶49

Today, notice as well as postal receipt of the same has been placed on record (in S.B. Civil First Appeal No.604/2020). The defects as pointed out by the office have not been cured till date.

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In view of the notice served, learned counsel for the appellant pleaded “no instructions” in the matter. 5. In view of the above, the present appeal is dismissed for non-compliance and non-prosecution.

(4 of 4)

[2023:RJ-JD:34029]

[CFA-604/2020]

The stay petition and the pending application, if any, also stand dismissed.

¶55

[S.B. Civil First Appeal No. 605/2020]

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The present appeal pertains to year 2020 and five defects were pointed out by the office. Time to remove the defects was granted by the Registrar (Adm.) on 19.01.2021.

¶57

On 18.09.2023, learned counsel for the appellant submitted that he had no instructions from the appellant and hence he served a registered notice on her. He prayed for time to place on record the notice/postal receipt of the notice sent.

¶58

Today, notice as well as postal receipt of the same has been placed on record (in S.B. Civil First Appeal No.604/2020). The defects as pointed out by the office have not been cured till date.

¶59

In view of the notice served, learned counsel for the appellant pleaded “no instructions” in the matter.

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In view of the above, the present appeal is dismissed for non-compliance and non-prosecution.

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The stay petition and the pending application, if any, also stand dismissed.

¶62

(REKHA BORANA),J

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40, 41, & 42-Vij/-

Jaanat Bai v. Abdul Majid

Case brief

What is this about?

What did the court decide?

Jaanat Bai v. Abdul Majid

Case brief

What is this about?

What did the court decide?

What the court decided

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