PEERA RAM & ORS. Vs. LRS RAM DAS

JUDGEMENT

(1.) THIS first appeal has been filed by the appellants plaintiffs against the order of learned Additional District & Sessions Judge, No.2, Bikaner in Civil Original Case No.34/1998 - Peera Ram & Ors. Vs. Ram Das, whereby the suit filed by the appellants for declaration has been dismissed. None appears on behalf of appellants -plaintiffs, though name of Mr. Kishan Lal, Advocate has been shown in the cause list. who had initially appeared before this Court on 26.02.2003 at the time of issuing notices to the respondents.

(2.) MR . Manoj Bhandari, learned counsel for the respondents -defendants submits that in execution of previous decree dated 07.01.1982 in Civil Original Suit No.207/1971 - Ramdas Vs. Peera Ram, which has been impugned in the present suit No.34/1998 -Peera Ram & Ors. Vs. Ram Das, the possession of the suit property, a residential house, situated at Bagdiyon Mohalla, Bikaner, has already been given to the plaintiff -decree holders i.e. the legal heirs of late Sh. Ram Dass S/o Chela Bhiv Das. He further submits that objections raised by Shiv Prakash and other, were also dismissed up to Hon'ble Supreme Court and in order to substantiate the aforesaid fact, he has placed on record copy of the order dated 19.11.2007 passed by Hon'ble Supreme Court in SLP No.11310/2007 arising out of judgment and order dated 30.05.2007 passed by coordinate bench of this Court [Jaipur Bench] in SBCWP No.2754/2007 - Sheo Prakash & Anr. Vs. Vishnu & Ors. The order passed by the Hon'ble Supreme Court dismissing the Special Leave to Appeal filed by Sheo Prakash and others is quoted herein below:

(3.) THIS Court while passing the order dated 27.07.2012 has also observed that the appeal is likely to be finally decided on 01.08.2012, as on that date, nobody had put -in appearance on behalf of appellants. The said order is also quoted herein below: -