ASHA SANGHI Vs. NEERAJ JAIN (THOLIYA)

JUDGEMENT

(1.) Instant appeal filed by the appellant-plaintiff (for short 'the plaintiff') against the judgment and decree dtd. 10/12/2019 passed by Additional District & Sessions Judge No.15, Jaipur Metropolitan in Civil Suit No.32/2012, whereby learned trial court had dismissed the suit filed by the plaintiff.

(2.) Facts of the case are that plaintiff and respondent No.11 jointly filed a civil suit for permanent injunction and mandatory injunction against the respondents-defendants (for short 'the defendants') claiming themselves to be owners of the suit properties being natural successors of deceased Smt Lalita Devi and Late Shri Gopi Chand. Respondent No.1-defendant (for short 'the defendant No.1') claimed himself to be sole owner of the suit properties on the basis of Will dtd. 10/9/1996 of Smt Vimla Devi and stating himself to be adopted son of Smt Vimla Devi. Trial court has framed the following issues on the basis of pleadings of the parties:

(3.) In order to prove his case, plaintiffs examined PW1-Asha Sanghi, PW2-Jitendra, PW3-Naresh and exhibited some documents. Defendants examined DW1-Neeraj, DW2-Nirmal Kumar, DW3- Hemlata, DW4-Mahendra Kumar and exhibited some documents. Trial court after considering the evidence led by the parties and hearing the arguments of both sides, dismissed the suit filed by the plaintiff.