Mandir Shri Narsinghji vs Babulal Kumawat S/O Ramchandra ...
2022 Latest Caselaw 3185 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Second Appeal No. 81/2022

Mandir Shri Narsinghji,
                                                                   ----Appellant
                                   Versus
Babulal Kumawat S/o Ramchandra Kumawat Thekedar & Ors.
                                                                ----Respondents

For Appellant(s)         :     Mr. Amit Jindal
For Respondent(s)        :



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

20/04/2022

Appellant-plaintiff has filed this second appeal, assailing

judgment and decree dated 18.12.2021 passed by Additional Civil

Judge No.4, Jaipur Metropolitan II in Civil Suit No.115/2021

whereby suit for permanent injunction filed by appellant-plaintiff

has been dismissed, which has been affirmed by dismissing the

first appeal No.01/2022 vide judgment dated 10.03.2022 passed

by Additional Session Judge No.4, Jaipur Metropolitan II.

Counsel for appellant-plaintiff submits that the suit land is

not being used for agriculture purpose and situated within Abadi

area. Such averments have specifically mentioned in the civil suit,

hence, civil suit filed for permanent injunction in relation to such

nature of land is maintainable before the Civil Court.

Counsel for appellant has placed reliance on judgment

passed by the Hon. Supreme Court in case of Harpal Singh Vs.

Ashok Kumar [2018 DNJ (SC) 46].

(2 of 2) [CSA-81/2022]

Counsel for appellant also submits that the trial Court has

committed jurisdictional error in rejecting the plaint under Order 7

Rule 11 CPC whereas it is triable and can be decided by the Civil

Court.

Issue notice to respondents.

Record of the two Courts below be summoned.

In the meanwhile, both parties are directed to maintain

status quo in relation to the property in question as it exists today.

(SUDESH BANSAL),J

SACHIN /12

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