SITARO DEVI Vs. MOHAMMED SALEEM AND ORS.

JUDGEMENT

(1.) THIS present first appeal is arising out of the judgment and decree dated 13.07.2004 passed by the learned Additional District Judge (Fast Track) No. 2, Bhilwara in Civil Original Suit No. 302/2003 "Sitaro Devi vs. Mohammed Saleem & Ors." who dismissed the suit filed by the present appellant -plaintiff seeking 20 cancellation of agreement, declaration and injunction. The appellant -plaintiff Smt. Sitaro Devi wife of late Shri Raghunandan Prasad Jain has filed the present first appeal under Section 96 of the Code of Civil Procedure against the respondents -defendants Mohammed Saleem son of Shri Kamruddin Mqmin being aggrieved by the judgment of the learned Trial Court of 25 Additional District Judge (Fast Track) No. 2, Bhilwara dismissing the Civil Original Suit No. 302/2003 "Sitaro Devi vs. Mohammed Saleem & Ors." on 13.07.2004, as the plaintiff failed to lead any evidence in her favour. The suit aforesaid was filed for declaration and specific performance of the contract allegedly in favour of her father Amanat Rai and injunction against the respondents -defendants. The suit was 30 dismissed by the learned Trial Court by passing a short -order which is quoted herein below for ready reference: -

(2.) THE present first appeal was filed in this Court by the plaintiff -appellant Smt. Sitaro Devi on 03.01.2005 and was lying on the defect side for a considerable period and in the last date, on 26.05.2011, this Court granted four week's time to the learned counsel for the appellant to remove all the defects. Thereafter, on 09.07.2012, this 5 Court, issued fresh notices in relation to the unserved respondents to be given 'Dasti' and direct service was also permitted. After service of the notices on the respondents, the learned counsel Mr. Ravi Bhansali, has put in appearance for the respondents -defendants and after hearing both the learned counsels for the parties, on 05.01.2015, this Court this Court passed the following order, which is quoted 10 herein below for ready reference: - -

(3.) ON the other hand, the learned counsel Mr. Ravi Bhansali appearing for the respondents -defendants submitted that the litigation between the parties has a long chequered history and starts from the year 1945 till date and the matter has traveled upto this court also on earlier occasions and the plaintiff/her family members, who are Legal Representatives of late Shri Amanat Rai, have lost the legal battle with respect to this very suit property in similar suits and a brief synopsis of the long chequered history of the litigation between the parties as per the list of dates given by Mr. Ravi Bhansali, which is not disputed by other side is reproduced herein below for ready reference: - -