Sunil Vyas vs Navnarayan Sharma
2022 Latest Caselaw 10585 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 128/2022

1. Sunil Vyas S/o Sh. Omprakash Vyas, Aged About 51 Years, R/o E-116 Rameshwar Nagar Basni, Jodhpur.

2. Visambar Saraswat S/o Sh. Lalchand Saraswat, Aged About 47 Years, R/o E-111 Rameshwar Nagar Basni, Jodhpur.

3. Babu Singh Gaur S/o Sh. Maansingh, Aged About 64 Years, R/o E-109 Rameshwar Nagar Basni, Jodhpur.

4. Omprakash Jakhar S/o Sh. Puraram Jakhar, Aged About 44 Years, R/o E-115 Rameshwar Nagar Basni, Jodhpur.

5. Parmeshwarlal Soni S/o Late Sh. Madanlal, Aged About 70 Years, R/o E-123 Rameshwar Nagar Basni, Jodhpur.

----Appellants Versus

1. Navnarayan Sharma S/o Sh. Ganpatlal Sharma, R/o Village Lavera Bawari, Tehsil Bhopalgarh, Distt. Jodhpur, Presently R/o E-97 Rameshwar Nagar Basni, Jodhpur.

2. Dhannaram S/o Bhanwarlal, R/o Kharbuja Bawari, Chandpol Ke Bahar, Jodhpur.

3. Guljar Khan S/o Mohram, R/o Bakramandi, Siwanchigate, Jodhpur, New Business Add- Jodhpur Meat Shop Near Petrol Pump, Opposite Medical College, On The Road Towards Shastri Nagar, Jodhpur.

4. Subhash Chaudhary S/o Sh. Jeevanram, R/o E Sector, Rameshwar Nagar Basni, Jodhpur.

5. Jodhpur Development Authority, Through Secretary, Office Jodhpur Development Authority, Jodhpur.

6. Mahesh Kumar Ojha S/o Sh. Kishangopal Ojha, Aged About 47 Years, R/o E-119 Rameshwar Nagar Basni, Jodhpur.

----Respondents

For Appellant(s) : Mr. Muktesh Maheshwari For Respondent(s) : Mr. Rajat Dave

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

(2 of 2) [CSA-128/2022]

17/08/2022

Heard.

The following substantial questions of law are arises for

consideration of this Civil Second Appeal:-

"(i) whether the learned First Appellate Court ought to have intervened in the matter by reversing the judgment and decree passed by the learned Trial court by either decreeing the suit of the plaintiffs based upon the material available on record or by remanding the matter back to the learned Trial Court for leading further evidences and deciding the same after proper appreciation of material on record?

(ii) Whether suit under Section 91 of CPC raising grievances for the cause and benefits of general public at large can be dismissed without going into the merits or for availability of improper or lack of evidences?"

Admit.

Mr. Rajat Dave, learned counsel appears for the respondent

No.2.

Let notices be issued to the remaining respondents,

returnable within four weeks.

Meanwhile, status quo as it exits today with regard to the

suit property shall be maintained by both the parties.

(MADAN GOPAL VYAS),J 109-neha/-

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