LAWS(RAJ)-2015-3-243

RAJENDRA SINGH Vs. CHANDRAVEER SINGH AND ORS.

Decided On March 03, 2015
RAJENDRA SINGH Appellant
V/S
Chandraveer Singh And Ors. Respondents

JUDGEMENT

(1.) This second appeal filed by the defendants is arising out of the judgment and decree dated 19.02.2014 passed by the learned Additional District Judge No.1, Bhilwara in Civil Appeal No.44/2001 "Rajendra Singh & Ors. Vs. Chandraveer Singh & Ors. who dismissed the appeal filed by the defendants- Rajendra Singh & Ors. and affirmed the judgment and decree dated 01.11.2001 passed by the learned Civil Judge (Senior Division), Mandalgarh, District Bhilwara in Civil Original Suit No.70/1992 (85/1983) "Chandraveer Singh & Ors. Vs. Smt. Rajkanwar & Ors." by which, the learned Civil Judge (Senior Division) had decreed the suit filed by the plaintiffs-Chandraveer Singh & Anr. seeking possession of the suit property known as "Govind Vilas" and "Mukut-Mandal" and permanent injunction against the defendants in relation to dispute relating to a property, which is a Fort (??) "Govind Vilas" and "Mukut-Mandal" situated at town Bijoliya, District Bhilwara.

(2.) The present second appeal has been filed on 16.05.2014 by the appellants, who were the defendants, against concurrent judgments and decrees for possession passed by the learned two Courts below in relation to the dispute, as aforesaid.

(3.) The plaintiffs, Chandraveer Singh and Smt. Chand Kumari, are the legal representatives of deceased Keshari Singh Rajput of Bijoliya, who filed the present suit No. 85/1983 (70/82) on 01.10.1983 in the Court of learned District Judge, Bhilwara which was decreed by the learned Trial Court on 01.11.2001 after 18 years' of trial and against which, both the parties filed appeals before the learned Additional District Judge No.1, Bhilwara, namely, Civil First Appeal No.43/2001 "Chandraveer Singh Vs. Rajendra Singh & Ors." for non-grant of relief of mesne profits against the defendants by the learned Trial Court, whereas the Civil First Appeal No.44/2001 "Rajendra Singh & Ors. Vs. Chandraveer Singh" was filed by the defendants against the decree of suit for possession by the learned Trial Court. Both these appeals came to be disposed of by the learned First Appellate Court on 19.02.2014 and both these appeals were dismissed. Aggrieved by the same, the defendants Rajendra Singh S/o Vijay Singh & Ors. have filed the present second appeal under Section 100 of the Code of Civil Procedure.