Vijay Lakshmi, J. - (1.) The instant second appeal has been preferred by the defendant-appellant who is aggrieved by the judgment and order dated 22.1.2018, passed by Additional District Judge/F.T.C. No.1, Jhansi in Civil Appeal No.30/2014, Anil Rai v. Smt. Parwati KushwahaOrs, whereby the learned lower appellate court has dismissed the appeal of defendant-appellant and has affirmed the judgment and order dated 14.4.2014 passed by Additional Civil Judge, Junior Division Jhansi decreeing the Original Suit No.133/2009, Suraj Prasad and Ors. v. Anil Rai, filed by the plaintiffs-respondents.
(2.) Heard Shri K.K. Tiwari appearing on behalf of the defendant-appellant and Sushri Rama Goel Bansal appearing for the plaintiffs-respondents on the point of admission. Perused the record.
(3.) Vide order dated 27.2018, of this Court, the file of Second Appeal No.1192 of 2003, had been summoned. I have also perused the same which shows that the aforesaid Second Appeal No.1192 of 2003, filed by Shri Devi @ Devidas (defendant-appellant) in respect of the same disputed house, has already been dismissed by this court, vide order dated 19.11.200 The earlier order dated 27.2018 of this Court, summoning the record of aforesaid appeal is quoted below: "Smt. Rama Goel Bansal, learned counsel representing the plaintiffs-respondents has pointed out that there is concealment on the part of defendant-appellant as he has not disclosed the status of the Second Appeal No.1192 of 2003, which was dismissed by an order dated 19.11.2003. The court below, on the basis of the statement of the counsel representing the defendant-appellant, has proceeded as if the Second Appeal No.1192 of 2003 is pending before this Court. There is a clear cut concealment by the defendant-appellant and based on the statement the impugned proceedings are being carried out. This matter requires consideration as to what would be the amount of cost to be fixed against the defendant-appellant in this case. Let it be placed before the appropriate Bench day after tomorrow i.e. 25.7.2018 for further orders along with connected Second Appeal No. 1192 of 2003." ;