Gopal vs Jaipur Nagar Nigam Thr Mayor
2022 Latest Caselaw 6970 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Second Appeal No. 20/2017

Gopal S/o Raghunath, R/o Mukandpura, Panchayat Samiti,
Jhotwara, Distt. Jaipur
                                                     ----Appellant-Plaintiff
                                   Versus
Jaipur Nagar Nigam Through Mayor, Lal Kothi, Jaipur
                                             ----Respondent-Defendant

For Appellant(s)           :    None present
For Respondent(s)          :



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                 Judgment

02/11/2022

No one has appeared on behalf of appellant-plaintiff.

1. Appellant-plaintiff (hereafter referred to 'plaintiff') has

preferred this second appeal under Section 100 CPC assailing the

judgment and decree dated 30.09.2016 passed in Civil Regular

Appeal No. 17/2013 by the Additional Sessions Judge No.13,

Jaipur Metropolitan (Raj.), whereby and whereunder the appeal

filed by appellant has been dismissed and affirmed the judgment

and decree dated 21.03.2013 passed in civil suit No.275/2003 by

the Additional Civil Judge (Jr. D.) No.4, Jaipur Metropolitan, Jaipur

whereby and whereunder plaintiff's civil suit for permanent

injunction has been dismissed on merits.

2. Perusal of order-sheets go to show that on 01.08.2017, none

appeared on behalf of appellant thereafter again on 21.10.2022, n

one appeared on behalf of appellant. Today, also no one has

appeared to pursue the second appeal.

(2 of 2) [CSA-20/2017]

3. From perusal of record, it transpires that the plaintiff on the

basis of patta dated 13.12.1982 (Ex.1) issued by Gram Panchayat,

claimed his ownership and possession over the Bada in question

and sought injunction against Nagar Nigam. The Nagar Nigam

contended that the disputed land is the Government land and

plaintiff is not in possession but wants to take possession. Both

courts below have observed that the patta (Ex.1) is not genuine

document and there is no evidence that the same was issued by

the Gram Panchayat. It has also observed that the plaintiff is not

settled possession over the Bada in question.

4. The civil suit was instituted way back on 15.09.2003 and

since the plaintiff has been found to be out of possession and his

patta is not found to be trustworthy document, therefore, it

appears that now after dismissal of his suit by courts below, the

appellant has lost interest in pursuing the second appeal on

merits.

5. In such circumstances, the second appeal is hereby

dismissed.

6. Stay application and any other pending application, if any,

stand(s) disposed of.

7. Record be sent back forthwith.

(SUDESH BANSAL),J

TN/89

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