BHAGWANLAL Vs. SHRI SHAMBHULAL AHARI

JUDGEMENT

(1.) The present first appeal has been filed aggrieved of order dtd. 9/12/2025 passed by Additional District Judge, Kherwara, District Udaipur in Civil Suit No.09/2025 whereby application under Order 7 Rule 11 (d) r.w. Sec. 151, CPC as filed on behalf of defendant Nos.7 to 10, stood allowed. As a consequence, the plaint as preferred by the plaintiff-appellant, stood rejected.

(2.) The facts are that the present appellant Bhagwan Lal purchased the property in question vide sale deed dtd. 21/5/2003 from Hakra, the predecessor in title. Prior to the said sale, a suit was preferred by Hakra in the year 1999 and vide judgment and decree dtd. 20/8/2002, Hakra was declared the khatedar of the land in question. The suit having been decided in his favour, Hakra executed a sale deed in favour of Bhagwanlal-present appellant. Even mutation entries in favour of the appellant by virtue of the sale deed were made.

(3.) However, appeal against decree dtd. 20/8/2002 was preferred by the defendants therein and vide order dtd. 3/7/2007, the appeal stood allowed and the matter was remanded back for decision afresh after affording opportunity of hearing to the defendant therein. Admittedly, the present appellant Bhagwanlal was not impleaded in the said appeal.