REWARMAL Vs. RAMJI LAL

JUDGEMENT

(1.) S.B. Civil Second Appeal No. 594/2019:- This civil second appeal, which is reported to be time barred by 94 days, is accompanied with an application under Sec. 5 of the Limitation Act, 1963 (for brevity "the Act of 1963") seeking condonation of delay. For the reasons stated in the application filed under Sec. 5 of the Act of 1963, the same is allowed. Delay in preferring the second appeal is condoned.

(2.) This civil second appeal has been preferred against the judgment and decree dtd. 17/5/2019 passed by the learned Additional District Judge, Lalsot, District Dausa (hereinafter referred to as "the learned appellate Court") in Civil Regular Appeal No.33/2017 whereby, while dismissing the appeal, the judgment dtd. 2/5/2017 passed by the learned Civil Judge, Lalsot, District Dausa (for short "the learned trial Court") decreeing the Civil Suit No.13/2013 filed by the respondent/plaintiff (for brevity "the plaintiff") for permanent injunction, has been affirmed.

(3.) The relevant facts in brief are that the plaintiff filed a suit for permanent injunction against the appellants/defendants (for short "the defendants") stating therein that he was allotted the plot No.14 situated towards the eastern side of the National Highway No.11 at Didwana 22 Miles Chauraha by the Panchayat Samiti, Lalsot in the year 1975 out of the land of Khasra No.2756. It was averred that he was residing raising construction thereon. Alleging that the defendants were trying to encroach upon a part of the his plot, the decree as aforesaid was prayed for.