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Smt Indra Devi vs Ragjav Dass Goyal And Another on 22 December, 2022 cites

Suraj Narain And Anr. vs Mangilal And Ors. on 25 January, 1972

6. The judgment and decree dated 16.12.1967 was challenged by the defendant No.2 Durga Devi as well as defendant No.3 Suraj Narain, by way of filing two separate D.B Civil Special Appeals No.4 & 5 of 1968 before the Division Bench. Both appeals were heard and decided on merits vide common judgment dated 25.01.1972, affirming the judgment and decree dated 16.12.1967. The judgment of Division Bench is reported in [RLW (Downloaded on 23/12/2022 at 09:48:18 PM) (6 of 21) [CFA-425/2014] (1972) Raj. 201] titled Suraj Narain Vs. Mangilal. Thus, the judgment and decree dated 16.12.1967 has attained finality. Counsel for both parties states that the original record of suit is not available hence facts have been gathered as statements in judgments and memo of appeals.
Rajasthan High Court - Jaipur Cites 4 - Cited by 7 - Full Document

Mangilal vs Smt. Durga Devi And Ors. on 16 December, 1967

21. From the record it appears that in respect of suit property of trust, the civil suit was laid way back on 05.10.1953 for seeking removal of the then trustees as much as for declaration of gift deed executed by trustee Ramjilal (defendant No.1) in favour of his wife as null and void and for appointment of new trustees to manage and use the suit property for the purpose of trust, was initially dismissed by the trial court vide judgment dated 04.03.1960 and thereagainst, S.B. Civil Regular Appeal No.94/1960 titled Mangilal Vs. Durga Devi was instituted before the High Court. The first appeal was allowed and while setting aside the judgment and decree of trial court, suit was decreed vide judgment and decree dated 16.12.1967 and as reflect from the judgment that the trustee Ramjilal has already passed away, other trustees defendant No.2 Suraj Narain, trustee Sundarlal were ordered to be removed and new trustees were ordered to be appointed by the District Judge as well as defendants were directed to deliver the possession of suit property to the newly appointed trustees. The judgment and decree dated 16.12.1967 has attained finality after affirming by the Division Bench vide judgment and decree dated 25.01.1972. It is not in dispute that as far as appointment of new trustees is concerned, in compliance thereof, new trustees have been appointed by the Additional District Judge, Gangapur City vide order dated 12.02.1969. Among the newly appointed trustees, SDM, Gangapur City is ex officio manager trustee who has been entrusted to take charge of the trust property and manage the same in the interest of public (Downloaded on 23/12/2022 at 09:48:18 PM) (16 of 21) [CFA-425/2014] as well as for the residence of travelers and sanyasis. The execution of judgment and decree dated 16.12.1967, to the extent of removal of objectors (present appellants herein) is pending.
Rajasthan High Court - Jaipur Cites 6 - Cited by 2 - P N Shinghal - Full Document
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