Gopi Kant vs Secretary
2022 Latest Caselaw 7103 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 48/2020

Gopi Kant S/o Sh. Bhuveneshwar Ji, Aged About 81 Years, B/c Goswami, R/o Bulaki Ki Bari, Subhash Pura, Bikaner.

----Appellant Versus

1. Secretary, Urban Improvement Trust, Bikaner.

2. Tehsildar, Urban Improvement Trust, Bikaner.

3. Bhagirath Singh S/o Sh. Mal Singh, R/o Bulaki Ki Bari, Subhash Pura, Bikaner.

----Respondents

For Appellant(s) : Mr. Nitin Trivedi

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

12/05/2022

The instant second appeal under Section 100 CPC has

been filed by the appellant against the judgment and decree dated

31.8.2019 passed by the learned Additional District Judge No.1,

Bikaner I Civil Regular First Appeal No. 4/2014 titled as Gopi Kant

vs. Secretary UIT & Ors' whereby the appeal preferred by the

appellant was dismissed and affirmed the judgment and decree

dated 20.2.2014 passed by learned Civil Judge (Sr. Division) No.2,

Bikaner in Original Civil Suit No.59/2009 whereby suit filed by the

plaintiff - appellant was dismissed.

Heard the learned counsel for the appellant and

perused the judgments of both the courts below.

Having regard to the submissions made by the learned

counsel for the appellant and perusal of the record, it is evident

that the disputed land measuring 7'1" x 33'6" for which the

(2 of 2) [CSA-48/2020]

plaintiff - appellant has prayed for injunction is not in the

ownership of the appellant. Both the courts below have given

concurrent finding to the effect that the plaintiff - appellant has

failed to prove title over the disputed land.

In the considered opinion of this Court, without

declaration of the title, the suit seeking injunction simplicitor is not

maintainable. No substantial question of law is involved in this

appeal. The finding of both the courts below are based on

appreciation of evidence produced by the parties and there is no

illegality in the impugned judgment.

Accordingly, the appeal being devoid of merit is

dismissed at admission stage.

Stay application also stands dismissed.

(RAMESHWAR VYAS),J 30-Mak/-

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