Taigore Bal Niketan Samiti Kekri vs Dr. Brijesh Gupta Son Of Shri S.K. ...
2022 Latest Caselaw 5308 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Civil Second Appeal No. 159/2021
Taigore Bal Niketan Samiti Kekri, District Ajmer
                                                                   ----Appellant
                                   Versus
Dr. Brijesh Gupta Son Of Shri S.k. Gupta & Ors.
                                                                ----Respondents

Connected with S.B. Civil Second Appeal No. 156/2021 Taigore Bal Niketan Samiti Kekri, District Ajmer

----Appellant Versus Nagarpalika Kekri through its Executive Officer & Anr.

----Respondents S.B. Civil Second Appeal No. 157/2021 Taigore Bal Niketan Samiti Kekri,. District Ajmer

----Appellant Versus Nagarpalika Kekri Through Its Executive Officer & Ors.

                                                                ----Respondents


For Appellant(s)         :     Ms. Gayatri Rathore, Sr. Advocate
                               assisted by Mr. Ran Singh
For Respondent(s)        :


           HON'BLE MR. JUSTICE SUDESH BANSAL
                                    Order
29/07/2022

1. Appellant-plaintiff has preferred this second appeal against

the judgment and decree dated 12.08.2021 passed in Civil First

appeal No.74/2018 by the Additional District and Session Judge

No.2, Kekri, District Ajmer, dismissing the appeal and affirming the

judgment and decree dated 26.05.2012 passed in Civil Suit

No.70/2010 by the Additional Civil Judge (Senior Division) No.2,

Kekri, District Ajmer whereby and whereunder appellant-plaintiff's

suit for mandatory injunction has been dismissed.

                            (2 of 3)                                       [CSA-159/2021]


2.     Appellant-plaintiff     has      also     preferred         two    other   suits

No.71/2010 and 61/2013. The civil suit No.71/2010 was dismissed

on 26.05.2010 and the civil suit No.61/2013 was dismissed on

28.01.2014. The first appeals of which have been dismissed on

12.08.2021 regarding the same land in issue, therefore, two other

second appeals have also been filed along with this second appeal.

3. Learned counsel for appellant submits that one bigha land

out of khasra No.4215/2 situated at Village Kekri, District Ajmer,

was allotted to appellant but the same has not been demarcated.

Counsel for appellant submits that though at one point of time,

the permission was granted to construct boundary wall and the

same has also been constructed, yet due to having no

demarcation on record regarding one bigha land allotted to

appellant, respondents cannot proceed to allot other lands and

cannot raise construction of a gravel road, as the same would/may

adversely affect the right/interest of appellant to use and occupy

his one bigha land.

4. Learned counsel for appellant submits that both courts

below, without adverting to the clinching issues involved in these

matters, have dismissed all civil suits with certain observations,

which are not required but would prejudice appellant's interest. At

the most, the civil court could have referred the appellant to move

application before the revenue authorities for the purpose of

demarcation, in case the civil court was not inclined to accept this

relief.

5. Heard.

(3 of 3) [CSA-159/2021]

6. Issue notice to respondents.

7. Record of all three suits and appeals of both courts below be

summoned.

8. In the meanwhile, both parties shall maintain status quo in

relation to the subject land, as it exists today.

(SUDESH BANSAL),J

SACHIN /3-5

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