Allowed

Shambhu S/O Shankarlal, v. Idol of Shyam Bihari Ji

Rajasthan HC25 Mar 2025CSA/569/2024

Case brief

AI extract

What is this about?

In this second appeal, the High Court held that the first appellate court failed to independently examine facts and dispose of issues individually. The appeal was allowed, the impugned judgment set aside, and the matter remitted to the first appellate court for fresh decision.

What did the court decide?

The second appeal allowed; judgment and decree in Civil Regular Appeal No. 10/2024 set aside; matter remitted to first appellate court for decision afresh.

Shambhu S/O Shankarlal, Vs Idol of Shyam… — Civil Procedure and Limitation | Rajasthan HC (2025)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Second Appeal No. 569/2024

¶3

Shambhu S/o Shankarlal, Aged About 68 Years, R/o Temple Shyam Bihari Ji, Surajpol Gate Jhalarapatan, Tehsil Jhalarapatan, Dist. Jhalawar.

¶4

Tarabai D/o Shankarlal Akwam Bairagi, R/o Temple Shyam Bihari Ji, Surajpol Gate Jhalarapatan, Tehsil Jhalarapatn, Dist. Jhalawar, Raj. (Deceased) Through Legal Heirs-

¶5

2/1. Vishnuprasad S/o Tarabai And Shankardas Bairagi, Aged About 53 Years, R/o Rajghat, Shankaracharaya, Math Bhanpura, Dist. Mandsour, (Madhya Pradesh).

¶6

2/2. Mahesh S/o Tarabai And Shankardas Bairagi, Aged About 48 Years, R/o Hanuman Gali Kachhari Road, Bhanpura, Dist. Mandsour, (Madhya Pradesh).

¶7

----Appellants

¶8

Versus

¶9

Idol Of Shyam Bihari Ji, Seated In Temple Of Shyam Bihari Ji, Surajpol Gate, Jhalarapatan, TehsilJhalarapatan, Dist. Jhalawar, Raj.

¶10

Hariraj Kishor Sharma S/o Badriprasad Sharma, R/o Near Sunder Talkies, Jhalarapatan, Dist. Jhalawar (Raj.) (Resident).

¶11

Omprakash Sharma S/o Gokul Prasad Sharma, R/o Near Bhargava Hospital Road, Jhalarapatan, Dist. Jhalawar (Raj.). (Vice President).

¶12

Krishnamurti Sharma S/o Jamanalal Sharma, R/o Subhash Colony, Jhalarapatan, Dist. Jhalawar,(Raj.) (Secretary).

¶13

Shyam Manohar Sharma S/o Ramgopal Sharma, R/o Chhipa Mohalla, Jhalarapatan, Dist. Jhalawar, (Raj.) (Treasurer).

¶14

Jagdish Sharma S/o Daulatram Sharma, R/o Near Surajpole Jhalarapatan, Dist. Jhalawar, (Raj.) (Member).

¶15

Kailashchand Sharma S/o Jugal Kishor, R/o Old Power House Road, Jhalarapatan, Dist. Jhalawar, (Raj.) (Member).

¶16

(2 of 3)

¶17

[CSA-569/2024]

¶18

Rejendra Shrama S/o Ramdayal Ji Sharma, R/o Near Surajpole Jhalarapatan, Dist. Jhalawar, (Raj.)(Member).

¶19

Mahesh Chand Sharma S/o Goapl Lal Sharma, R/o Surajpole Gate Road, Jhalarapatan, Dist. Jhalawar, (Raj.) (Member).

¶20

Suresh S/o Tikam Chand Sharma, R/o Near Old Power House Road, Jhalarapatan, Dist. Jhalawar, (Raj.) (Member).

¶21

Janardan Sharma S/o Kanhaiyalal Sharma, R/o Dhanmandi Jhalarapatan, Dist. Jhalawar, (Raj.) (Member).

¶22

Mohanlal S/o Ramnarayan, R/o Jhalarapatan, Dist. Jhalawar, (Raj.) (Deceased).

¶23

Jamanalal S/o Jagannath, R/o Jhalarapatan, Dist. Jhalawar, (Raj.) (Deceased).

¶24

Ramgopal S/o Pannalal, R/o Jhalarapatan, Dist. Jhalawar, (Raj.) (Deceased).

¶25

Dineshchand S/o Balmukund Ji Vaidhya, R/o Jhalarapatan, Dist. Jhalawar (Raj.) (Deceased).

¶26

Harkhas And Aam, R/o Jhalarapatan Specially Shnadaya Brahmin, R/o Jhalarapatan, Dist. Jhalawar(Raj.).

¶27

----Respondents

¶28

For Appellant(s) : Mr. Sunil Kumar Jain For Respondent(s) : Mr. Lokesh Kumar Sharma

¶29

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

¶30

Order

¶31

25/03/2025

¶32

Instant second appeal is preferred aggrieved from dismissal of civil regular appeal no. 10/2024 by learned District Judge, Jhalawar on 21.10.2024 whereby judgment and decree dated 30.05.2024 in civil suit no. 101/1996 was affirmed.

¶33

[CSA-569/2024]

¶34

(3 of 3)

¶35

During course of argument, learned counsel for the parties submits that the learned appellate court has failed to consider the provision as provided under Order 41 of CPC so as to dispose of appeal on each and every individual issue on the basis of arguments advanced by them before the appellate court. Both the counsel submits that the appellate court has failed in its duty to independently examine the facts and law.

¶36

Having considered the submissions of learned counsel for parties, a suggestion has been moved that that the judgment of the first appellate court be set aside and matter be remitted back to the first appellate court for decision afresh without being influenced from the judgment dated 21.10.2024 then it would meet the ends of justice.

¶37

Considering submissions of learned counsel for the parties, the instant second appeal is hereby allowed and the judgment and decree dated 21.10.2024 in civil regular appeal no. 10/2024 is hereby set aside and the matter is remitted back to the first appellate court for decision afresh on each issue after reregistration of appeal no. 10/2024 after providing opportunity of hearing to both the parties.

¶38

The parties are directed to appear in person or through pleader on 21.04.2025 before the appellate court.

¶39

The first appellate court is directed to dispose of appeal within a period of three months from date of receipt of copy of this order.

¶40

(ASHOK KUMAR JAIN),J

¶41

CHETNA BEHRANI /15

Shambhu S/O Shankarlal, v. Idol of Shyam Bihari Ji

Case brief

What is this about?

What did the court decide?

Shambhu S/O Shankarlal, v. Idol of Shyam Bihari Ji

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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