UMRAO DEVI Vs. BODU

JUDGEMENT

(1.) Heard counsel for both parties and perused the record.

(2.) This Court is of unequivocal view that the instant second appeal at the behest of legal representatives of deceased appellant-Smt.Umrao Devi, who preferred first appeal No.36/2018, challenging the compromise decree dtd. 21/8/1989 as amended on 28/11/1994 passed in civil suit No.186/1988 for specific performance and permanent injunction by the Civil Judge, Sambhar Lake, District Jaipur is misuse of process of law and even the first appeal was wrongly preferred. Appellant-Smt. Umrao Devi claims her right, title and interest in agricultural lands in question on the basis of registered sale deed dtd. 18/1/1993, executed by defendant and judgment-debtor Ladu and steps in his shoe and cannot claim better rights than the right of Ladu in lands in question. As far as Ladu is concerned, his rights in respect of the disputed land of 7.5 Biswa have already been adjudicated finally and thereafter, in the execution petition No.3/2006, filed for execution of the compromise decree dtd. 21/8/1989 as amended on 28/11/1994, the sale deed dtd. 28/5/2013 has been executed in favour of legal representatives of plaintiff-decree-holder-Bodu by and on behalf of defendant-judgment-debtor Ladu and his subsequent purchasers namely Smt. Laxmi Devi and Smt. Umrao Devi (present appellant).

(3.) Counsel for appellants, at this stage, seeks permission to withdraw the second appeal with liberty to avail other appropriate remedy in law for claiming/ adjudication of rights of appellants in respect of 7.5 Biswa land, purchased along with other land from defendant-judgment-debtor Ladu through registered sale deed dtd. 18/1/1993.