M/S Zuberi Engineering Works vs State/Distt Collector S Madhopur ...
2022 Latest Caselaw 2659 Raj/2

Citation : 2022 Latest Caselaw 2659 Raj/2
Judgement Date : 30 March, 2022

Rajasthan High Court

M/S Zuberi Engineering Works vs State/Distt Collector S Madhopur ... on 30 March, 2022

Bench: Sudesh Bansal

                                           HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                       BENCH AT JAIPUR

                                                   S.B. Civil Second Appeal No. 365/2015

                                   M/s Zuberi Engineering Works
                                                                                              ----Appellant-plaintiff
                                                                        Versus
                                   State/distt Collector S Madhopur And Ors
                                                                                     ----Respondent-defendants

For Appellant(s) : Mr. A.K. Bhandari, Sr. Adv. with Mr. Rizwan Ahamed For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL Order

30/03/2022 This second appeal has been filed under Section 100 CPC by the appellant-plaintiff (hereinafter referred 'plaintiff') against the judgment and decree dated 06.05.2015 in appeal No. 159/2009 (09/08) passed by Additional District Judge Sawaimadhopur while confirming the judgment and decree dated 31.01.2008 in civil Suit No. 21/1998 passed by the Civil judge (Sr. Division), Sawaimadhopur has been dismissed.

Learned counsel for appellant submits that the plot in question was allotted to the plaintiff by the RIICO, however due to not raising construction thereupon the allotment was cancelled.

The plaintiff has filed civil suit to set aside the cancellation order and for permanent injunction, which has been dismissed by two courts below. Learned counsel for appellant submits that though the allotment of plot was cancelled, however the appellant is having the physical possession of the plot even today.

Issue notice to respondent/s.

Record of courts below has already been received. In the meanwhile and till further orders, both parties shall maintain status quo in relation to the plot in question, as it exists.

(SUDESH BANSAL),J

TN/3