Mohd. Yusuf vs Munna Khan
2022 Latest Caselaw 5711 Raj

(1 of 2) [CSA-5/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Second Appeal No. 5/2022

Mohd. Yusuf

----Appellant Versus Munna Khan & Anr

----Respondents

For Appellant(s) : Mr. M.M. Dhera

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

19/04/2022

Heard the learned counsel for the appellant and

perused the record.

Following questions of law are involved in this appeal

for consideration of this Court:-

1) Whether the learned Appellate Court was not right

in ignoring the substantive grant of land shown in

map, drawn in red ink, in Patta Exhibit-1 containing

exact measurement of boundaries also relied upon by

the learned trial court in its judgment?

2) Whether the learned Appellate Court has grossly

erred in setting aside the decree for permanent

injunction when as per concurrent finding of the

courts below the defendant had their gate in Western

side and had no gate towards the disputed land?

3) Whether the learned Appellate Court has grossly

erred in reversing the finding of issue No.2 upon a

(2 of 2) [CSA-5/2022]

new plea raised first time in Para - 2 of the memo of

appeal?

Admit.

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

respondents.

Rule is made returnable within six weeks.

Meanwhile and till next date, the status quo with regard

to the dispute land shall be maintained by the respondents.

(RAMESHWAR VYAS),J 36-Mak/-

Powered by TCPDF (www.tcpdf.org)