Om Prakash & Ors vs Ramesh Chandra & Ors on 12 January, 2009

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S.B.CIVIL FIRST APPEAL NO. 2547/2006 (DRJ)

Date of Order ::    12th January 2009

      HON'BLE MR. JUSTICE DINESH MAHESHWARI


None present for the appellants


      Nobody is present for the appellants.

      Against the judgment and decree dated 13.01.2006 as

passed by the Additional District Judge (Fast Track) No.2,

Jodhpur in Civil Suit No.165/2004 whereby the pattas granted

by the Urban Improvement Trust, Jodhpur in favour of the

appellants-defendants Nos.4 & 5 have been treated ab initio

void and the appellants have been restrained by perpetual

injunction from raising any construction      on the place in

question and not to create obstruction in use of the questioned

cemented road and public chowk, this appeal was filed on

28.04.2006. The office reported that the file carried 9 defects.

Some of the defects having not been removed, the matter was

ultimately placed before the Court on 12.08.2008 but nobody

appeared for the appellants and the matter was passed over;

again on 18.08.2008, nobody appeared for the appellants and

the matter was again passed over.

      The matter was thereafter taken up on 21.08.2008 and

again nobody appeared for the appellant yet, in the interest of
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justice, two weeks' time was granted with the stipulation that if



requirements were not carried out, the appeal be listed for

rejection before the Court.

      The matter was thereafter placed before the Court on

14.10.2008 and the same was passed over and then, it did not

reach on 17.10.2008. The matter has, thereafter, been taken

up for consideration today only.

      Nobody has chosen for the appellants yet and defects

have not been removed. In the circumstances, this Court has

no option except to reject this appeal for want of prosecution.

      The appeal stands rejected.



                                (DINESH MAHESHWARI),J.

MK