Ramniwas vs General Public Gotan And Near ...
2021 Latest Caselaw 19040 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 493/2021

Ramniwas S/o Hajariram, Aged About 45 Years, Gotan, Tehsil Merta, District Nagaur

----Appellant Versus General Public Gotan And Near Railway Station residents of Kumharo Ka Mohalla, through representatives:-

1. Hardev, S/o Heeralal, aged about 68 years.

2. Ganpat S/o Parasmal aged about 40 years.

3. Sharwan S/o Ramchandra, aged about 35 years, All residents Gotan, Tehsil Merta, District - Nagaur.

4. Rughnath S/o Hajariram, aged about 68 years.

5. Choturam S/o Hajariram, aged about 35 years.

6. Ramkaran S/o Hajariram, aged about 60 years,

7. Sugnaram @ Shriram S/o Hajariram, aged about 49 years.

8. Sitaram S/o Hajariram, aged about 47 years, (since deceased)

9. Shrikishan S/o Hajariram, aged about 50 years, (since deceased).

All by caste- Kumhar, resident of Gotan, Tehsil Merta, District Nagaur.

Respondents No.4 to 9 proforma respondents.

                                                                ----Respondents


For Appellant(s)         :     Mr. O.P. Mehta
For Respondent(s)        :



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

14/12/2021

By way of this civil first appeal the appellant has assailed the

judgment and decree dated 26.08.2021, whereby and where

under a civil suit for declaration, permanent and mandatory

injunctions filed by the respondents in representative capacity on

behalf of general public of town Gotan has been decreed and the

(2 of 2) [CFA-493/2021]

appellant has been ordered to remove his possession from the

property in question, shown in the Appendix ' क' marked with 'R',

'G', 'H', 'L', 'F', 'A' and 'B' as mentioned in the impugned decree. By

the same judgment, the counter claim filed by the appellant in

representative capacity has been dismissed.

Learned counsel for the appellant submits that no permission

of the civil court to pursue the present civil suit in representatives

capacity was sought and due to non-compliance of the mandatory

provisions of law in this regard, the suit itself should not have

been proceeded further.

Heard.

Admit.

Call for the record of the trial court to ascertain the fact.

Issue notice to the respondents for hearing of appeal as also

to the stay application, returnable within a period of ten weeks.

In the meanwhile and until further orders, the execution and

operation of the impugned judgment and decree shall remain

stayed and both the parties are directed to maintain status quo, in

relation to the property in question.

Learned counsel for the appellant submits that as the

appellant is not ready and willing to publish notices in the

newspaper for pursuing his counter claim in representative

capacity, therefore, he does not press this appeal against the

dismissal of his counter claim by the trial court. Thus, this first

appeal is survived only against the decree passed in favour of the

respondents-plaintiff.

(SUDESH BANSAL),J

208-Ravi Kh/-

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