Smt. Shanti Bai Wife Of Shri ... vs Gajendra Singh Son Of Shri Sitaram
2021 Latest Caselaw 5586 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 11248/2021

 Smt. Shanti Bai Wife Of Shri Prakash Chand, Resident Of Dabi,
 District Bundi, Through Her Power Of Attorney Ganesh Kumar
 Rathore Son Of Shri Prakash Chand Rathore, Resident Of
 Talwandi, Kota (Raj.)
                                                                  ----Petitioner
                                   Versus
 Gajendra Singh Son Of Shri Sitaram, Aged About 54 Years,
 Resident Of House No. 202, Sajagali, Usha Colony, Bhawani
 Mandi, Distt. Jhalawar (Raj.)
                                                                ----Respondent

For Petitioner(s) : Mr. Alok Chaturvedi Mr. Shailendra Sharma Mr. Ganesh Kumar, power of attorney holder of petitioner For Respondent(s) : Mr. Prakash Kumar Jha Mr. Gajendra Singh, respondent present in person

JUSTICE DINESH MEHTA

Judgment

05/10/2021

1. This writ petition is directed against the order dated

04.08.2021, passed in appeal No.202/2017 by the Additional

District Judge No.1, Kota.

2. During the course of hearing of this case on 01.10.2021,

learned counsel for the parties and the Court was of the view that

there is a possibility of amicable settlement between the parties

and thus, petitioner so also the respondent was called in the

Court.

3. Shorn of unwarranted details, the facts relevant for the

present purposes are, that the petitioner-original plaintiff owns

(2 of 3) [CW-11248/2021]

plot No.237, admeasuring 123.75 square meter (1331.55 square

feet) in Anantpura Scheme of Kota having its measurement as 9

meter from East to West and 7.5 meter from North to South.

4. Just adjacent to the petitioner's plot, plot No.238 having the

same measurement i.e. 123.75 square meters, belongs to the

defendant (present respondent).

5. When the respondent started construction, the plaintiff

(present petitioner) filed a suit for injunction, inter alia, with a

contention that he has encroached upon 5 to 6 feet land of the

petitioner and has raised construction thereupon.

6. It has surfaced on record that the actual land available on

site for plot No.237 and 238 is lesser by 5-6 feet on account of

excess construction or encroachment made by other plot owners

of the society.

7. Upon persuasion of learned counsel for the parties, the

petitioner and respondent (plaintiff and respondent herein) have

arrived at an amicable settlement, in the spirit of Lok Adalat. The

same is being reduced hereunder :-

(i) The plaintiff and respondent will equally divide the available

land of plot No.237 and 238 of the scheme.

(ii) The defendant will remove the boundary wall (which he has

already raised) and any other constructions including the water

tank on the contentious part (5-6 feet) of the land (between plot

No.237 and 238) by 01.12.2021.

(iii) Immediately on removal of the construction, the petitioner

shall pay a sum of Rs.5,50,000/- to the respondent.

(iv) The respondent shall thereafter be free to raise his boundary

wall in accordance with law, in such a manner that size of both the

plots (237 and 238) becomes equal.

(3 of 3) [CW-11248/2021]

(v) In case the petitioner fails or neglects to pay the agreed

amount by 01.12.2021, of course after removal of the boundary

wall and construction by the respondent as noticed in para No.(ii)

above, he will be liable to be proceeded with under the Contempt

of Courts Act, 1971.

(vi) On production of a certified copy of the order instant, the

suit proceedings before the trial Court shall stand terminated.

8. The writ petition as well as stay application stand disposed

of, while recording appreciation for Mr. Alok Chaturvedi and Mr.

Prakash Kumar Jha who have acted as catalyst and assisted the

Court in resolving the dispute in an ideal manner.

(DINESH MEHTA),J

RAHUL-220

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