P.K.LOHRA,J. - (1.) Respondent-applicants, by laying instant application under Order 41, Rule 21 CPC, have prayed for rehearing of Civil First Appeal No.388/2010, decided on 8th of August, 2018. The Court, after hearing arguments on appeal, reserved judgment on 1st of August, 2018 and then pronounced the same on 8th of August, 2018 by allowing the appeal.
(2.) Apposite facts are that appellant-non-applicant preferred an appeal against judgment and decree dated 1st of November, 2010 passed by Addl. District Judge (Fast Track) No.2, Udaipur (for short, 'learned Court below'), whereby learned Court below dismissed his suit for injunction and possession of suit property.
(3.) The appeal was admitted on 23rd of December, 2010. Thereafter, arguments were heard on stay petition and the same was disposed of on 10th of May, 2011 with a direction to respondent-applicants not to alienate the suit property so as to create third party right. The record of learned Court below was requisitioned and, considering status of the appellant-non-applicant as senior citizen, hearing of the appeal was expedited. On 12th of October, 2017, arguments were heard in part and the matter was posted for further hearing on 23rd of October, 2017. Later on, upon joint request of learned counsel for the parties for exploring possibility of amicable settlement in the matter, hearing of the appeal was deferred on 14th of March, 2018.;