Smt. Meenu Jain W/O Shri Mahendra ... vs Smt. Nirmala Devi W/O Shri Kailash ...
2022 Latest Caselaw 5247 Raj/2

                                               HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                           BENCH AT JAIPUR

                                                   S.B. Civil Second Appeal No. 82/2022

                                    Smt. Meenu Jain W/o Shri Mahendra Singh Mehta & Anr.
                                                                                                      ----Appellants
                                                                       Versus
                                    Smt. Nirmala Devi W/o Shri Kailash Chand Gupta & Anr.
                                                                                                    ----Respondents

For Appellant(s) : Mr. D.D. Khandelwal For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

28/07/2022 Appellants-plaintiffs have preferred this second appeal under Section 100 of Civil Procedure Code, assailing the judgment and decree dated 27.10.2021 passed by Additional District Judge No.3, Jaipur Metropolitan in Civil Appeal No.1/2021, affirming the judgment and decree dated 04.01.2021 passed by Additional Civil Judge and Metropolitan Magistrate No.2, Jaipur Metropolitan in Civil Suit No.330/2006 (244/2012) whereby suit for permanent injunction filed by appellants-plaintiffs, has been dismissed.

Counsel for appellants submits that appellants-plaintiffs are allottee of plot No.B-147 having size of 90X40 feet measuring 400 square yards by Apollo Nagar Housing Cooperative Society and respondents-defendants have also allottee of adjoining plot No.B- 148 of the same size. There is dispute between parties that respondents-defendants have encroached upon some portion of plot of plaintiffs, exceeding the area of his plot.

Let notices be issued to respondents.

Record of both Courts below be summoned. There is no case for grant of any interim relief at this stage.

(SUDESH BANSAL),J

NITIN /16

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