Urban Improvement Trust vs Smt. Chandra Kala W/O Sh. Khubi Ram
2022 Latest Caselaw 7500 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Second Appeal No. 60/2020

Urban Improvement Trust
                                                                   ----Appellant
                                   Versus
Smt. Chandra Kala W/o Sh. Khubi Ram & ors.
                                                                ----Respondents

Connected With S.B. Civil Second Appeal No. 434/2019 Khoobi Ram S/o Indra Narayan through LRs

----Appellants Versus Moti Singh S/o Kesha Dev & Ors.

----Respondents

For Appellant(s) : Mr. L.L. Gupta For Respondent(s) : Mr. Rahul Kamwar (appellant in SBCSA No.434/2019) Mr. Bipin Gupta (respondent in SBCSA No.434/2019)

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

28/11/2022

S.B. Civil Second Appeal No. 60/2020:-

Counsel for appellant-Urban Improvement Trust (UIT) has

argued that as per the site inspection report made by the

concerned revenue authority (Ex.A/4), plaintiffs were found in

unauthorized possession over the five biswa land and there was no

suit for declaration by plaintiffs however, the First Appellate Court

vide impugned judgment and decree dated 10.10.2019 has

passed injunction order in favour of respondent-plaintiffs holding

plaintiffs as owner and in possession of the land in question.

(2 of 2) [CSA-60/2020]

Learned counsel for appellant submits that the road is constructed

over the land in question.

Heard.

Issue notice.

On behalf of respondent-plaintiffs, Advocate Mr. Rahul

Kamwar has put in appearance and He submits that the

acquisition notices to acquired land of nineteen biswa has already

been quashed by the Hon'ble High Court in Civil Writ Petition

No.115/1978 vide judgment dated 20th July, 1988, therefore, the

Appellant-UIT has no right, title and interest over the suit

property.

Notice be issued to respondent No.7-State of Rajasthan.

Matter requires consideration, let record of both courts below

be summoned.

In the meanwhile, both parties shall maintain status quo in

respect of the suit property, as it exists today.

S.B. Civil Second Appeal No. 434/2019:-

Heard.

Issue notice to respondents.

On behalf of respondents No.4, 5 and 6, Advocate Mr. Bipin

Gupta has put in appearance, hence notices be issued for

remaining respondents No.1 to 3.

Reminder be sent for summoning the record.

Stay application shall be considered after summoning the

record and after filing reply to the stay application, if so file by the

respondents.

(SUDESH BANSAL),J

TN/11-12

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