Surajmal Jat S/O Shri Sonaram Jat vs Ajay Kumar Yadav S/O Shri ...
2022 Latest Caselaw 6674 Raj/2

                                           HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                       BENCH AT JAIPUR
                                                  S.B. Civil Revision Petition No.208/2022
                                   Surajmal Jat S/o Shri Sonaram Jat
                                                                                                       ----Petitioner
                                                                         Versus
                                   Ajay Kumar Yadav S/o Shri Sunderlal Yadav & Ors.
                                                                                                     ----Respondents

For Petitioner(s) : Mr. Aditya Narain Sharma

HON'BLE MR. JUSTICE SUDESH BANSAL Order 14/10/2022

Learned counsel for petitioner-defendant No.3 submits that

respondent-plaintiff himself has admitted in the plaint that he is not in

possession of the suit property but the suit property is in possession of

defendants, yet he has filed a suit for declaration and permanent

injunction only, which is not maintainable by virtue of Section 34 of the

Specific Relief Act, 1963 unless and until plaintiff also does not sue for

obtaining the possession.

Reliance has been placed on the judgment passed by the Hon'ble

Supreme Court in case of Union of India vs. Ibrahim Uddin & Anr.

[(2012) 8 SCC 148].

Heard.

Admit.

Issue notice to respondents.

It has been informed that petitioner-defendant No.3 is yet to file

written statement.

Without staying the further proceedings, it is hereby observed

that the petitioner may file his written statement and the trial court may

proceed to frame the issues but shall not initiate the trial thereafter.

(SUDESH BANSAL),J SAURABH/14

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