Kuldeep Singh Son Of Shri Gurdeep ... vs State Of Rajasthan Through ...
2022 Latest Caselaw 1897 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil First Appeal No. 384/2021

Kuldeep Singh Son Of Shri Gurdeep Singh,
                                                                    ----Appellant
                                    Versus
State Of Rajasthan Through District Collector, & Ors.
                                                                 ----Respondents

For Appellant(s) : Mr. A.K. Sharma, Sr. Advocate assisted by Mr. Vishnu Kant Sharma, through VC For Respondent(s) : Mr. Harsh Sahu, through VC Mr. Satya Narayan Kumawat

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

02/03/2022

The appellant-plaintiff has preferred this first appeal assailing

the judgment and decree dated 13.09.2021 passed by Additional

District Judge No.4, Kota whereby and whereunder his suit for

permanent injunction has been dismissed.

Heard.

Admit.

Issue notice.

Since counsel for respondent Nos.3 and 4 has already put in

appearance, no need to issue notice to them.

Notice of hearing be issued only to respondent Nos.1 and 2.

Record has already been received.

Heard counsel for both parties on stay application.

The counsel for appellant submits that judgment and decree

dated 29.06.1964 has been passed in his favour and the land in

question is required to be entered into the revenue record in his

(2 of 2) [CFA-384/2021]

name on the basis of said judgment. Further the land in question

is open land, wherein prima facie appellant's right and interest is

vested, therefore, interim protection be granted in favour of

appellant during the course of appeal. On the contrary, counsel for

respondent No.3-Urban Improvement Trust, Kota submits that the

land in question has been allotted to respondent No.4-Medical

College, Kota. Counsel for respondent No.4 submits that the

building of medical college has already been constructed and the

college is running on the suit land.

Having considered the facts and circumstances of the

present case and rival contention of both parties, it is hereby

directed that during the course of first appeal, the parties shall

maintain status quo as to alienation and possession.

With the aforesaid observations, the stay application stands

disposed of.

(SUDESH BANSAL),J

Saurabh/39

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