Savita vs Gordhan Lal
2022 Latest Caselaw 6129 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2853/2022

Savita W/o Om Prakash, Aged About 38 Years, R/o Siriyari, Tehsil Marwar Junction, District Pali (Raj.).

----Petitioner Versus

1. Gordhan Lal S/o Adur Ramji, By Caste Regar, R/o Siriyari, Tehsil Marwar Junction District Pali (Raj.).

2. Champa Lal S/o Gheesaram, By Caste Regar, R/o Siriyari, Tehsil Marwar Junction District Pali (Raj.).

3. Ramesh Chand S/o Bhagu Ram, By Caste Regar, R/o Siriyari, Tehsil Marwar Junction District Pali (Raj.).

4. Lahra Ram S/o Laka Ram, By Caste Regar, R/o Siriyari, Tehsil Marwar Junction District Pali (Raj.).

5. Om Prakash S/o Gordhan Lal, By Caste Regar, R/o Siriyari, Tehsil Marwar Junction District Pali (Raj.).

6. Bheema Ram S/o Om Prakash, By Caste Regar, R/o Siriyari, Tehsil Marwar Junction District Pali (Raj.).

7. Nirmal Kumar S/o Champa Lal, By Caste Regar, R/o Siriyari, Tehsil Marwar Junction District Pali (Raj.).

                                                                ----Respondents


For Petitioner(s)        :     Mr. R.P. Singariya
For Respondent(s)        :     ----



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

26/04/2022

This writ petition under Article 227 of the Constitution of

India is filed by the petitioner challenging the order dated

19.01.2022 passed by the Civil Judge and Judicial Magistrate,

Marwar Junction, District Pali (hereinafter to be referred as 'the

trial Court') whereby, application filed by the petitioner under

Order 39 Rule 7 read with Section 150 CPC has been rejected.

(2 of 2) [CW-2853/2022]

The trial Court after hearing the counsel for the parties and

going through the report of the Commissioner has concluded that

it is difficult to assess as to when the construction was raised by

the defendants as in the report there is mention of some old and

new constructions raised, but exact time of the same has not been

mentioned.

Having heard learned counsel for the petitioner and after

going through the impugned order as well as the material

available on record, I do not find any error in the impugned order

passed by the trial Court.

Hence, this writ petition is dismissed. Stay petition is also

dismissed.

(VIJAY BISHNOI),J 22-KshamaD/-

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