Jodhpur Vidhyut Vitran Nigam Ltd vs Sita Devi
2022 Latest Caselaw 7942 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Misc. Application No. 24/2022

1. Jodhpur Vidhyut Vitran Nigam Ltd. through its Managing Director/Chairman, Jodhpur Vidhyut Vitran Nigam Ltd., New Power House, Jodhpur (Raj.)

2. Assistant Engineer, City Sub Division B-3, Jodhpur Vidhyut Vitran Nigam Ltd., Medical College Office, Jodhpur

----Petitioners Versus

1. Smt. Sita Devi W/o Late Bhagwandas Valmiki,

2. Ms. Momal D/o Late Bhagwandas Valmiki,

3. Ms. Anjali D/o Late Bhagwandas Valmiki,

4. Vishal S/o Late Bhagwandas Valmiki,

5. Mahendra S/o Late Bhagwandas Valmiki, Resident Nos. 1 to 5 are R/o Sanjay Colony, Pratap Nagar, Jodhpur Respondent Nos. 2 to 5 are minors represented through their natural guardian mother respondent No. 1 - Smt. Sita Devi

6. Municipal Corporation, Jodhpur through its Commissioner.

----Respondents

For Petitioner(s) : Mr. Pradeep Sharma

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

26/05/2022

The present civil misc. application under Section 151 of

C.P.C. has been filed by appellants of S.B. Civil First Appeal

No. 231/2021 seeking modification in the Judgment dated

18.04.2022 passed by this Court to the extent that respondent

No. 6 - Municipal Corporation, Jodhpur is jointly and severally

(2 of 2) [CMAP-24/2022]

liable to pay decreetal amount and the Municipal Corporation be

directed to pay 1/2nd of the decreetal amount.

S.B. Civil First Appeal No. 231/2021 was directed against the

Judgment and Decree dated 18.03.2021 passed by the Additional

District Judge No. 7, Jodhpur Metropolitan, whereby while allowing

compensation, defendants were held liable jointly and severally to

pay decreetal amount with interest. While dismissing first appeal

of applicants-appellants, this Court in categorical terms observed

that "there is no basis to exonerate the appellants and the

Municipal Corporation, Jodhpur from their responsibility arisen on

account of this mishappening." However, inadvertently in the

operative part of the judgment, it was ordered that decreetal

amount shall be paid by appellants and no reference was made

regarding joint and several liability of the Municipal Corporation,

Jodhpur. Now, it is made clear that Jodhpur Vidyut Vitran Nigam

Limited and the Municipal Corporation, Jodhpur both are jointly

and severally liable to pay decreetal amount with interest.

The Jodhpur Vidyut Vitran Nigam Limited and the Municipal

Corporation, Jodhpur both are directed to comply with the

Judgment dated 18.04.2022 passed by this Court latest by

15.06.2022.

The misc. application stands disposed of with above

modifications.

(RAMESHWAR VYAS),J

32-Inder/-

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