Govind Khandelwal Son Of Late Shri ... vs Nagarpalika Mandal Chomu
2022 Latest Caselaw 5512 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 310/2022

Govind Khandelwal Son Of Late Shri Rameshwar Ji Tamboli &
Ors.
                                                                  ----Appellants
                                   Versus
Nagarpalika Mandal Chomu & Anr.
                                                                ----Respondents

For Appellant(s) : Mr. Rajat Ranjan For Respondent(s) : Mr. Mahesh Gupta with Mr. S.S. Sharma

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

04/08/2022

Appellants-plaintiff have preferred this first appeal against

the judgment and decree 25.04.2022, whereby and whereunder

their civil suit has been dismissed on merits.

Learned counsel for appellants does not dispute that thadi in

question is in use, occupation and possession of respondent No.2

and Nagarpalika Mandal, Chomu has regularized his possession.

However, plaintiffs have sought declaration to declare the

regularization as null and void and for mandatory and permanent

injunction to get back the possession of the thadi in question.

Heard.

Admit.

Issue notice to respondents.

Since, respondent No.2 has put in appearance as caveator,

notices be issued only to remaining respondents.

Call for the record.

(2 of 2) [CFA-310/2022]

Heard counsel for both parties on the stay application.

In view of undisputed fact that thadi in question is in use,

occupation and possession of respondent No.2, who is carrying on

a business thereupon and the same has also been regularized in

his favour, this Court deems it just and proper that during

pendency of this present appeal, respondent No.2 will not sell the

thadi in question to any other person. However, it is also observed

that appellant would not interfere in use and occupation of the

thadi in question during course of first appeal merely on account

of pedency of this first appeal.

With aforesaid discussion, the stay application stands

disposed of.

(SUDESH BANSAL),J

SACHIN/9

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