NIRBHAYSINGH S/O. SALAGRAM Vs. SALAGRAM

JUDGEMENT

(1.) The appellant/plaintiff has filed the present second appeal being aggrieved by judgment and decree dated 30.7.2009 passed by 2nd Civil Judge, Class-I, Shajapur and judgment and decree dated 26.9.2012 passed by 1st Additional Judge to the Court of 1st Additional District Judge, Shajapur whereby the civil suit as well as first appeal both have been dismissed respectively .

(2.) Facts of the case, in brief, are as under :

(3.) Learned counsel for the appellant/plaintiff submitted that both the courts below have erred in law as well as on facts while dismissing the suit. Both the courts below have not decided other issues only on the ground that under Hindu Succession Act, son is not having any right in the ancestral property during the life time of his father. The civil suit filed by defendant No.1 i.e. Civil Suit No.91-A/2008 and first appeal No.9-A/2009 both have been dismissed vide judgment and decree dated 20.12.2008 and 2.9.2011 respectively, against which, Second Appeal has been filed by defendant No.1 before this Court which has been admitted for final hearing. Later on , said appeal has been dismissed in default and application for restoration has not been filed so far. Defendant No.1 had already challenged the sale-deed executed in favour of Gulshan and Rajesh and the suit and appeal both have been dismissed, therefore, he has no right to challenge the said sale-deed in the present suit.