MOOL CHAND AND ORS. Vs. SITA AND ORS.

JUDGEMENT

(1.) NOBODY is present for the appellants -plaintiffs. On the earlier occasions also, nobody had appeared for the appellants -plaintiffs though the name of Mr. Farzand Ali is shown in the cause list. For the first time, the matter was listed before the Court on 19.08.2013 and even on this date, nobody was present for the appellants but the Court had issued the notices. On 22.04.2014, nobody was again present for the appellants but the Court had granted two weeks' time to do the needful and the Court had recorded that in the event of failure, this appeal shall stand dismissed without reference to the Court. Thereafter, the matter is listed before the Court today only after service of notices issued on the application under Section 5 Limitation Act.

(2.) THIS second appeal filed by the plaintiffs is arising out of the judgment and decree dated 08.08.2012 passed by the learned Additional District Judge, Nimbahera Camp Badi Sadri in Civil Appeal No. 22/2011 "Mool Chand S/o. Bheru Lal & Ors. Vs. Smt. Sita @ Kashi W/o. Lachchhi Ram & Anr." who dismissed the appeal filed by the plaintiffs and affirmed the judgment and decree dated 28.07.2011 passed by the learned Civil Judge (Senior Division), Badi Sardi, District Chittorgarh in Civil Suit No. 17/1998 "Mool Chand S/o. Bheru Lal & Ors. Vs. Smt. Sita @ Kashi W/o. Lachchhi Ram & Anr." by which, the learned Civil Judge (Senior Division) had dismissed the suit filed by the plaintiffs seeking declaration and permanent injunction in relation to the dispute of 'way' between the parties.

(3.) THE present second appeal been filed, admittedly, with the delay of 23 days and an application under Section 5 of the Limitation Act seeking condonation of delay has been filed.