Kishangiri vs Urban Improvement Trust
2021 Latest Caselaw 19037 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1163/2021

1. Kishangiri S/o Babugiri, Aged About 68 Years, Plot No. 153, Bhagat Ki Kothi, Gandhi Colony, Jodhpur

2. Rekha Goswami W/o Kishangiri, Aged About 60 Years, Plot No. 153, Bhagat Ki Kothi, Gandhi Colony, Jodhpur

3. Bhanwar Giri S/o Babu Giri, Aged About 72 Years, Plot No. 153, Bhagat Ki Kothi, Gandhi Colony, Jodhpur

4. Rawatpuri S/o Motipuri, Aged About 75 Years, Plot No. 153, Bhagat Ki Kothi, Gandhi Colony, Jodhpur

5. Loonpuri S/o Moti Giri, Aged About 45 Years, Plot No. 153, Bhagat Ki Kothi, Gandhi Colony, Jodhpur through power of attorney holder Kishangiri S/o Babugiri .

----Appellants Versus

1. Urban Improvement Trust, Presently Jodhpur Development Authority, Jodhpur

2. The President, Jodhpur Development Authority, Jodhpur

3. The Secretary, Jodhpur Development Authority, Jodhpur

----Respondents

For Appellant(s) : Mr. Prahlad Singh For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

14/12/2021

The appellants have filed this civil misc. appeal, assailing the

order dated 01.12.2021, whereby the First Appellate Court has

declined to pass ad interim stay order during the pendency of the

first appeal.

Learned counsel for the appellants submits that they are in

actual and physical possession of the property in question of

(2 of 2) [CMA-1163/2021]

Khasra No.28/2 situated at village Basani Chouhanan on the area

of 4 Bigha 19 Biswa 10 Biswanshi and the land is recorded in their

khatedari. The appellants have placed on record Jamabandi as

also the report of Commissioner dated 21.02.2019 to show his

title and possession over the land in question.

Learned counsel for the appellants further submits that since

the respondents are inclined to dispossess the appellants, they

filed a civil suit for permanent injunction and during the course of

civil suit, the learned trial court also granted stay while allowing

temporary injunction filed under order 39 Rule 1 and 2 CPC vide

order dated 13.09.2017. However finally the suit has been

dismissed vide judgment dated 09.11.2021. Learned counsel for

the appellants further submits that they have filed first appeal

against the judgment dated 09.11.2021, which is pending for

hearing before the First Appellate Court, however, the First

Appellate Court has not protected their possession during the

course of first appeal and has declined ad interim stay vide

impugned order.

Issue notice of the appeal as well as stay application to the

respondents, returnable within a period of ten weeks.

In the meanwhile and until further orders, the parties are

directed to maintain status quo as it exists today in relation to the

property in question i.e. Khasra No.28/2 measuring 4 bigha 19

biswa 10 Biswanshi situated at Village Basni Chouhanan, Patwar

Region Jhalamand, District Jodhpur.

(SUDESH BANSAL),J

205-Ravi Kh/-

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