HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 40/2008
Chhitar Singh
----Appellant
Versus
State Of Raj And Ors
----Respondents
For Appellant(s) : Mr. Aayush Agarwal for Mr. Nikhlesh Katara For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL Order 04/05/2022 It appears from record that the appellant-plaintiff was/is in possession of shop No.75 with stairs bearing municipal No.76 at Tehsil Sevar District Bharatpur.
At one point of time, respondents issued one notice to remove the possession of appellant-plaintiff. He filed a civil suit for declaration and permanent injunction which was decreed by the trial court vide judgment dated 09.12.2004 with findings that notice issued by respondent is illegal and void and the respondents were restrained not to dispossess the appellant from the shop in question without following due process of law.
The judgment and decree dated 09.12.2004 was assailed by respondents by way of first appeal. The first appellate court, vide judgment and decree dated 09.12.2004 has quashed the judgment and decree of the trial court.
Notices were issued to respondents, however, no one has appeared on behalf of respondents.
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(2 of 2) [CSA-40/2008] Having heard the counsel for appellant, this Court finds that the second appeal requires consideration and is admitted on following substantial question of law:-
"Whether the first appellate court has committed illegality and jurisdictional error in setting aside the judgment and decree dated 09.12.2004 passed by the trial court?"
In the facts and circumstances of the case, the appellant shall not be dispossessed from property in question without following due course of law during pendency of this appeal.
Accordingly, the stay application stands disposed of. It is made clear that admission of this appeal will not come in way for respondents to initiate the proceedings in due course of law to evict the appellant.
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