Gopal Chand S/O Chaganlal ... vs Bhuralal S/O Teju Jat
2022 Latest Caselaw 2544 Raj/2

                                            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                        BENCH AT JAIPUR

                                                   S.B. Civil Second Appeal No. 367/2019
                                   Gopal Chand S/o Chaganlal Chokdiwal Agarwal
                                                                                                       ----Appellant
                                                                       Versus
                                   Bhuralal S/o Teju Jat & Ors.
                                                                                                    ----Respondents

                                   For Appellant(s)          :     Mr. N.C. Sharma
                                   For Respondent(s)         :


                                                HON'BLE MR. JUSTICE SUDESH BANSAL
                                                               Order

                                   24/03/2022

The appellant-plaintiffs have preferred this second appeal assailing the judgment and decree dated 15.07.2009 in civil suit No.98/1995 passed by Civil Judge (Jr. Divison), Kekri (Ajmer), which has been upheld by the Appellate Court vide judgment dated 10.04.2019 in civil regular appeal No.24/2009.

Learned counsel for appellants submits that appellants have filed civil suit for permanent injunction in relation to public way as the private respondents were inclined to raise some constructions and close the way. The trial court and appellate court have dismissed the suit on the ground that plaintiffs have not followed the procedure of order 1 Rule 8 CPC to file a representative suit.

Learned counsel for appellants placed reliance upon the judgment of Hon'ble the Supreme Court in the case of Hari Ram Vs. Jyoti Prasad & Anr. 2011 (2) SCC 682 whenever the civil suit for permanent injunction is filed in relation to a land of public utility, any individual person may also bring a civil suit.

Issue notice to respondents.

In the meanwhile, both parties shall maintain status quo in relation to land in question, as it exists today.

(SUDESH BANSAL),J

TN/16

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