Kailash Puri vs Ota
2021 Latest Caselaw 18491 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Second Appeal No. 112/2020

Kailash Puri & Anr.

----Appellants Versus Ota & Ors.

----Respondents

For Appellant(s) : Mr. Bharat Shrimali For Respondent(s) : Mr. Sunil Purohit, Caveator

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

06/12/2021

This second appeal has been filed assailing the judgment and

decree dated 03.12.2019 passed by the learned Additional District

and Sessions Judge No.1, Abu Road, District Sirohi passed in Civil

First Appeal No.35/2006 (CIS No.136/2014) as also the judgment

and decree dated 04.11.2006 passed by the learned Civil Judge

(Senior Division), Mt. Abu in Civil Original Case No.52/1998

(63/1996), whereby the suit of appellant-plaintiffs for declaration

and permanent injunction was dismissed.

Learned counsel for the appellants submits that the case of

appellant-plaintiffs is that the gram panchayat had issued patta in

favour of the respondents-defendants, including the land of public

way. Learned counsel for the appellants-plaintiffs further submits

that the two courts below have committed perversity in dismissing

the suit.

Mr. Sunil Purohit, learned counsel for the respondents has

put in appearance as caveator and submits that pattas in their

(2 of 2) [CSA-112/2020]

favour were issued legally and on the lands allotted to them, they

have already constructed their houses and using the same.

Heard.

The present second appeal deserves to be heard on the

following substantial question on law:

"Whether the learned two Courts below committed any illegality in not declaring the pattas of defendants as null and void, to the extent of including the area of public way, if any?"

Admit.

All the respondents have already appeared as caveator,

therefore, notices need not be issued.

Since the pattas in question for the subject lands were

issued way back on 1986, whereupon the respondents are already

having possession, therefore, no case for grant of interim stay is

made out.

The stay application is dismissed.

List the matter for hearing in due course.

(SUDESH BANSAL),J

25-AnilKC/-

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