Chhitar Singh vs State Of Raj And Ors
2022 Latest Caselaw 3509 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                  S.B. Civil Second Appeal No. 40/2008

Chhitar Singh
                                                                           ----Appellant
                                       Versus
State Of Raj And Ors
                                                                     ----Respondents

For Appellant(s) : Mr. Aayush Agarwal for Mr. Nikhlesh Katara For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

04/05/2022 It appears from record that the appellant-plaintiff was/is in

possession of shop No.75 with stairs bearing municipal No.76 at

Tehsil Sevar District Bharatpur.

At one point of time, respondents issued one notice to

remove the possession of appellant-plaintiff. He filed a civil suit for

declaration and permanent injunction which was decreed by the

trial court vide judgment dated 09.12.2004 with findings that

notice issued by respondent is illegal and void and the

respondents were restrained not to dispossess the appellant from

the shop in question without following due process of law.

The judgment and decree dated 09.12.2004 was assailed by

respondents by way of first appeal. The first appellate court, vide

judgment and decree dated 09.12.2004 has quashed the

judgment and decree of the trial court.

Notices were issued to respondents, however, no one has

appeared on behalf of respondents.

(2 of 2) [CSA-40/2008]

Having heard the counsel for appellant, this Court finds that

the second appeal requires consideration and is admitted on

following substantial question of law:-

"Whether the first appellate court has committed illegality and jurisdictional error in setting aside the judgment and decree dated 09.12.2004 passed by the trial court?"

In the facts and circumstances of the case, the appellant

shall not be dispossessed from property in question without

following due course of law during pendency of this appeal.

Accordingly, the stay application stands disposed of.

It is made clear that admission of this appeal will not come

in way for respondents to initiate the proceedings in due course of

law to evict the appellant.

(SUDESH BANSAL),J

SACHIN/74

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