Palika Market Association vs Nagar Nigam Ajmer (Old Name Nagar ...
2022 Latest Caselaw 2501 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                  S.B. Civil Second Appeal No. 147/2021
    Palika Market Association, Jaipur Road, Ajmer & Ors.
                                                                     ----Appellants
                                      Versus
    Nagar Nigam Ajmer (Old Name Nagar Parishad Ajmer),
    Through Mayor, Nagar Nigam Jaipur. & Anr.


                                                                   ----Respondents

For Appellant(s)             :    Mr. Manak Chand Jain
For Respondent(s)            :    Mr. Anil Mehta, AAG, assisted by
                                  Mr. Yashodhar Pandey


                HON'BLE MR. JUSTICE SUDESH BANSAL

                                       Order


23/03/2022

This second appeal has already been admitted for hearing by this Court vide order dated 17.02.2022, however no order has been passed on the stay application.

The matter has come up for hearing of stay application. Heard learned counsel for both parties on the stay application.

Learned counsel for appellants submits that until the dismissal of their first appeal vide judgment and decree dated 10.08.2021 passed by Additional District Judge NO.1, Ajmer in civil regular appeal NO.06/2016. Appellants were having possession over all the shops from Shop No.1 to 14 and running their respective businesses there upon. Soon after dismissal of their first appeal vide judgment and decree dated 10.08.2021, Nagar Nigam, Ajmer has sealed their shops on 16.08.2021. Due to the seal of their shops, appellants have been deprived of using their possession over shops and have been deprived of carrying on their businesses as well as from their livelihood. It has been submitted that appellants are having possession over the shops

(2 of 2) [CSA-147/2021]

lawfully being tenants and once their second appeal has been admitted for hearing, during course of second appeal, they may be allowed to retain possession and use their shops, therefore, the seal over shops of appellants made by Nagar Nigam, Ajmer on 16.08.2021 be ordered to de-seal.

Learned Senior Advocate Mr. Anil Mehta appearing for Nagar Nigam, Ajmer submits that appellants have no independent right and they are tenants of respondent No.2-Charch. The respondent No.2 has already been lost litigation in relation to shops in question.

The possession of appellants over the shops in question is not disputed. It is also not in dispute that appellants were using and carrying out their business in the shops in question. Till 16.08.2021 when the Nagar Nigam, Ajmer put seal over the shops in question. Now this Court has admitted the second appeal for hearing and the same is yet to be finally heard and decided on merits, therefore, in the opinion of this Court, it is just, equitable and in the interest of justice that the appellants may be allowed to use their shops during pendency of second appeal. If the seal put by Nagar Nigam, Ajmer is allowed to continue, the same would amounts to depriving the appellants from using the possession of their shops and depriving the appellants from their livelihood.

Accordingly, the Nagar Nigam is directed to remove/de-seal the shops in question of appellants within a period of ten days from today.

With the aforesaid, stay application stands disposed of.

(SUDESH BANSAL),J

TN/31

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