Citation : 2022 Latest Caselaw 11314 Raj
Judgement Date : 12 September, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 7140/2022
1. Municipal Council, Jaisalmer, Through Its Chairman
2. The Commissioner, Municipal Council, Jaisalmer
----Petitioners Versus
1. Harish Kumar S/o SriVallabh Goydani, R/o Jaisalmer At Present Krishna Kunj, Mohanpura, Jodhpur
2. Smt. Premlata W/o Late Deendayal Goydani, Currently Residing At G-45, Plot No. 1181, 1St Street, 10Th Main Road, Anna Nagar, Chennai, Tamil Nadu
3. Smt. Rama Kothari D/o Late Deendayal Goydani, Currently Residing At G-45, Plot No. 1181, 1St Street, 10Th Main Road, Anna Nagar, Chennai, Tamil Nadu
4. Manish S/o Late Deendayal Goydani, Currently Residing At G-45, Plot No. 1181, 1St Street, 10Th Main Road, Anna Nagar, Chennai, Tamil Nadu
5. Smt. Taruna Rathi D/o Late Deendayal Goydani, Currently Residing At A-501, Monalisa Park, Citi Light, Surat, Gujarat
6. Smt. Kavita Rathi D/o Late Deendayal Goydani, Currently Residing At A-72, Casela Towers, Opp. Iscon Temple, S.g. Highway, Ahmedabad, Gujarat
7. Smt. Padma Bisani D/o Late Deendayal Goydani, Currently Residing At C-301, Nightengle Society, Hindustan Naka, Kandivali (West) Mumbai, Maharashtra
8. Anil Kumar S/o Late Deendayal Goyani, Resident Of Chennai, Currently Residing At G-45, Plot No. 1181, 1St Street, 10Th Main Road, Anna Nagar, Chennai, Tamil Nadu
9. Gopikishan Mehra, Then Chairman Municipal Council, Jaisalmer
10. Rajkumar Singhal, Assistant Engineer And Commissioner, Municipality, Jaisalmer
----Respondents
(2 of 21) [CW-7140/2022]
For Petitioner(s) : Mr. Muktesh Maheshwari
For Respondent(s) : Mr. Vikas Balia, Sr. Advocate assisted by Mr. Priyansh Arora, Mr. V.D. Gaur
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
12/09/2022
This writ petition is filed by the petitioners being
aggrieved with the order dated 13.4.2022 passed by the
Civil Judge, Jaisalmer (for short 'the Executing Court'),
whereby the application filed on behalf of the respondent-
decree holders under Order 21 Rule 32(5) CPC has been
allowed and it is directed that the possession of the
disputed property be restored to the decree holders
(respondent Nos.1 to 8) with a further direction that the
petitioner - Municipality shall pay compensation to the
tune of rupees one lakh to the respondent-decree
holders. Certain consequential directions have also been
issued.
Brief facts of the case are that one Shri Vallabh has
filed a suit for permanent injunction against the
petitioners in the court of Civil Judge, Jaislamer in the
year 1993 claiming that his father Shri Laxmi Chand had
purchased a plot measuring 80 x 80 feet situated in
(3 of 21) [CW-7140/2022]
Jaisalmer, description of which is given in the plaint, from
the District Magistrate Jaisalmer on 6.12.1951 and,
thereafter, Patta was issued with respect to the said plot
and since then, earlier his father and thereafter the
plaintiff - Shri Vallabh is in possession of the said plot
where he is operating a petrol pump. It is alleged that
the petitioner - Municipality is trying to dispossess the
plaintiff illegally from the said plot and, therefore, a
decree for permanent injunction may be issued in his
favour restraining the petitioner - Municipality from
dispossessing him from the said plot.
The suit filed by Shri Vallabh came to be dismissed
by the Civil Judge vide order dated 28.5.2001. Being
aggrieved with the same, Shri Vallabh has preferred an
appeal in the court of Distt. Judge, Jaisalmer and the
Distt. Judge, Jaisalmer vide judgment and decree dated
22.9.2001 has allowed the said appeal and decreed the
suit filed by Shri Vallabh and restrained the petitioner -
Municipality by way of permanent injunction from
dispossessing the plaintiff - Shri Vallabh from the plot in
question without following the due procedure.
It is not in dispute that the second appeal preferred
by the petitioners against the judgment and decree dated
22.9.2001 passed by the Distt. Judge, Jaisalmer was
(4 of 21) [CW-7140/2022]
summarily rejected by the High Court vide judgment
dated 16.5.2005.
Thereafter, the respondent-decree holders have filed
an application under Order 39 Rule 2A CPC before the
Distt. Judge, Jaisalmer in the year 2008 alleging that
they have been illegally dispossessed by the petitioner -
Municipality from the disputed property. The Distt. Judge,
Jaisalmer vide order dated 23.9.2009 has committed the
matter to the Civil Judge while holding that the same is
not maintainable before it. The Civil Judge vide order
dated 5.5.2010 has rejected the said application while
holding that the same is maintainable only when the suit
is pending but since the suit has been finally decided, the
application is liable to be dismissed.
In the meantime, the respondent-decree holders
have preferred an execution application under Order 21
Rule 11 (2) CPC on 5.9.2008 before the Executing Court.
During pendency of the said application, another
application under Order 21 Rule 32 (5) CPC was preferred
on behalf of the respondent-decree holders on 5.10.2010
with a prayer to restore the possession of the disputed
property and to attach the property of the department
with a further direction to pay them compensation.
(5 of 21) [CW-7140/2022]
The Civil Judge vide order dated 30.9.2013 has
dismissed the application under Order 21 Rule 11 (2) CPC
filed by the respondent-decree holders as being not
maintainable, however, simultaneously it has ordered
that the application filed on behalf of the respondent-
decree holders under Order 21 Rule 32 (5) CPC be
registered separately for the purpose of inquiry.
Ultimately, vide order dated 13.4.2022, the Executing
Court has allowed the application under Order 21 Rule 32
(5) CPC filed on behalf of the respondent-decree holders,
which is under challenge in this writ petition.
Assailing the impugned order passed by the
Executing Court, learned counsel for the petitioners has
argued that the Executing Court has grossly erred in
allowing the application filed by the respondent-decree
holders under Order 21 Rule 32 (5) CPC because the said
application is not accompanied by an application under
Order 21 Rule 11 (2) CPC. It is submitted that
admittedly, the application filed by the respondent-decree
holders under Order 21 Rule 11 (2) CPC came to be
dismissed by the Civil Judge on 30.9.2013 and with the
dismissal of the said application, another application filed
by the respondent-decree holders under Order 21 Rule 32
(5) CPC ought to have been dismissed. It is argued that
(6 of 21) [CW-7140/2022]
the Executing Court has, therefore, committed a grave
error in passing the impugned order and the same
is liable to be set aside on this ground alone.
Learned counsel for the petitioners has further
argued that before dispossessing the respondent-decree
holders from the property in question, the petitioner -
Municipality has followed the due procedure laid down
under Section 203 of the Rajasthan Municipality Act,
1959 (for short 'the Act of 1959') by serving the notice
upon the respondent-decree holders as per the procedure
laid down under Section 250 of the Act of 1959. It is also
argued that the finding of the Executing Court that the
procedure laid down under Section 203 of the Act of 1959
has not been followed and the notice upon the
respondent-decree holder has not been served as per the
procedure laid down under Section 250 of the Act of 1959
is contrary to record and, therefore, the same is liable to
be set aside.
Learned counsel for the petitioners has further
argued that as a matter of fact, the respondent-decree
holders have no title in their favour in relation to the
property in question and they are mere encroachers and,
in such circumstances, the Executing Court has grossly
erred in issuing directions to restore the possession to
(7 of 21) [CW-7140/2022]
them. It is further argued that the Executing Court has
also grossly erred in directing the petitioner -
Municipality to pay compensation to the tune of rupees
one lakh without even making the assessment of real loss
caused to the respondent-decree holders. It is, thus,
prayed that the direction of paying compensation to the
tune of rupees one lakh to the respondent-decree holders
is liable to be set aside.
In support of the above contention, learned counsel
for the petitioners has placed reliance on the decisions of
the Hon'ble Supreme Court rendered in the case of
Asikali Akbarali Gilani and Others Vs. Nasirhusain
Mahebubbhai Chauhan and Others, reported in
(2016) 10 SCC 799; Municipal Corporation of
Greater Mumbai and Others Vs. Sunbeam High Tech
Developers Private Limited, reported in (2019) 20
SCC 781 and judgment of this Court rendered in the
case of Kanti Chand Sharma Vs. Municipal
Corporation & Ors., reported in RLW 2004 (3) Raj.
1963.
Per contra, learned counsel appearing for the
respondents has argued that the Executing Court has not
committed any illegality in passing the impugned order.
(8 of 21) [CW-7140/2022]
It is argued that the respondent-decree holders can
maintain the application under Order 21 Rule 32 (5) CPC
independently without even filing the application under
Order 21 Rule 11 (2) CPC. It is further submitted that in
case of injunction, application under Order 21 Rule 32 (5)
CPC is only maintainable. It is also submitted that in the
present case, the respondent-decree holders have earlier
moved an application under Order 21 Rule 11 (2) CPC
and during the pendency of the said application, another
application under Order 21 Rule 32 (5) CPC was filed,
however, the Civil Judge while dismissing the application
under Order 21 Rule 11 (2) CPC on 30.9.2013 has
ordered for registering the application under Order 21
Rule 32 (5) CPC separately for the purpose of inquiry. It
is argued that the order passed by the Civil Judge on
30.9.2013 has not been challenged by the petitioner -
Municipality and the same has attained finality and, in
such circumstances, the petitioner - Municipality is
estopped from raising objection by virtue of principles of
res judicata. It is argued that it is well settled that the
principles of res judicata apply in different stages of the
same proceedings and once it becomes final, it would be
binding at the subsequent stage of that proceeding.
(9 of 21) [CW-7140/2022]
In support of the above contention, learned counsel
for the respondents has placed reliance on the decisions
of the Hon'ble Supreme Court rendered in the case of
Bhanu Kumar Jain Vs. Archana Kumar and Another,
reported in (2005) 1 SCC 787 and Chhabil Das Vs.
Pappu, reported in (2006) 12 SCC 41.
It is argued by learned counsel for the respondents
that the technicalities of law should be construed to
advance justice and not to defeat justice. It is submitted
that the Civil Procedure Code is a body of procedural law
designed to facilitate justice and it should not be treated
as an enactment providing for punishment and penalties.
Learned counsel for the respondents has further argued
that the learned District Judge while decreeing the suit
filed by the plaintiff - Shri Vallabh has clearly held that
the petitioner - Municipality can dispossess plaintiff - Shri
Vallabh after following the due procedure of law if the
property in question is in its ownership. It is also
submitted that without proving its ownership, the
petitioner - Municipality has illegally dispossessed the
respondent-decree holders from the property in question
and the said action of the petitioner - Municipality has
rightly been set aside by the Executing Court while
holding that the petitioner - Municipality has
(10 of 21) [CW-7140/2022]
dispossessed the respondent-decree holders from the
property in question without following the due process of
law.
Learned counsel for the respondents has further
argued that the summons upon the respondent-decree
holder Shri Vallabh has never been served on him and
the procedure laid down under Section 250 of the Act of
1959 has not been followed and, therefore, the findings
of the Executing Court to this effect are perfectly justified
and not liable to be interfered with in any manner.
Learned counsel for the respondents has also submitted
that the Executing Court has rightly ordered for restoring
the possession of the property in question to the
respondent-decree holders and has also rightly ordered
for awarding compensation to the tune of rupees one lakh
to the respondent-decree holders.
Learned counsel for the respondents, thus, prayed
that the writ petition filed by the petitioners may kindly
be dismissed.
Heard learned counsel for the parties and perused
the material available on record.
The petitioners have opposed the application filed by
the respondent-decree holders under Order 21 Rule 32
(5) CPC before the Executing Court on three grounds i.e.
(11 of 21) [CW-7140/2022]
(A) that the application under Order 21 Rule 32 (5) CPC
is not maintainable as it is not accompanied with the
application under Order 21 Rule 11 (2) CPC; (B) that the
judgment preceding the decree cannot be looked into for
the purpose of interpreting it and (C) that the petitioners
before evicting the respondent-decree holders from the
property in question have followed the due process of law
as given under Section 203 of the Act of 1959, which
applies for eviction of encroachers upon any property
belonging to the Municipality.
The Executing Court has rejected ground (A) raised
by the petitioners while holding that the application under
Order 21 Rule 32 (5) CPC can be filed independently
without filing any application under Order 21 Rule 11 (2)
CPC. The Executing Court has also concluded that as the
respondent-decree holders were out of possession from
the disputed property and for the purpose of recovery of
the possession, only remedy available to them was to file
application under Order 21 Rule 32 (5) CPC, which is
more efficacious remedy available to them. It is also held
that it is the sole discretion of the respondent-decree
holders whether they want to get assistance of the court
under Order 21 Rule 32 (5) CPC or they want to proceed
under Order 21 Rule 11 (2) CPC. The Executing Court has
(12 of 21) [CW-7140/2022]
further observed that the application under Order 21 Rule
32 (5) CPC was filed by the respondent-decree holders
during the pendency of application under Order 21 Rule
11 (2) CPC filed by them prior to it and the Executing
Court has dismissed the application under Order 21 Rule
11 (2) CPC with a direction to separately register the
application under Order 21 Rule 32 (5) CPC in the
presence of the petitioners, however, they have not
raised any objection at that point of time and, as such,
the said objection of the petitioners is without any basis.
This Court is of the opinion that the learned
Executing Court has rightly held that the application
under Order 21 Rule 32 (5) CPC can be filed
independently without even filing application under Order
21 Rule 11 (2) CPC. It is to be noticed that in any decree
for injunction, the Executing Court can exercise powers
under Order 21 Rule 32 CPC. Admittedly, the respondent-
decree holders are in possession of a decree of injunction
and, as such, they have every right to move separate
application under Order 21 Rule 32 (5) CPC. Otherwise
also, Order 21 of CPC, dealing with the execution of
decree and orders, nowhere prohibits a decree holder
from filing independent application under Order 21 Rule
32 (5) CPC.
(13 of 21) [CW-7140/2022]
Apart from that, the Executing Court has ordered for
registering the application of the respondent-decree
holders preferred under Order 21 Rule 32 (5) CPC
independently in the presence of petitioners and they
have not raised any objection at that point of them,
therefore, now they cannot claim that the application
under Order 21 Rule 32 (5) CPC is not maintainable as it
is not accompanied by application under Order 21 Rule
11 (2) CPC. It is noticed that while dismissing the
application of the respondent-decree holders filed under
Order 21 Rule 11 (2) CPC vide order dated 30.9.2013,
the Executing Court has held as under :
"19- mDr mica/k dh jks'kuh esa ns[kk tk; rks ekuuh; vihyh; U;k;ky; }kjk ikfjr fd;s x;s fu.kZ; o fMØh dh ikyuk lqfuf'pr gqbZ ;k ugha] /kkjk 47 lhihlh ds rgr tkWp dk fo"k; gSA bu lc rF;ksa dh fLFkfr ckn tkWp gh Li"V gksxhA ijUrq fMØhnkj }kjk izLrqr fMØh fu"iknu izkFkZuk i= vkns'k 21 fu;e 11 lhihlh mijksDr foospukuqlkj iks"k.kh; ugha ik;k tkrk gSA ftlds laca/k esa fMØhnkj vf/koDrk dh Hkh lgefr jgh gSA vr% izkFkhZ JhoYyHk }kjk izLrqr izkFkZuk i= fMØh fu"iknu iks"k.kh; ugha gksus ls [kkfjt fd;s tkus ;ksX; gS izkFkZuk i= vkns'k 21 fu;e 32 ¼5½ lhihlh i`Fkd ls ntZ dj tkWp fd;s tkus ;ksX; ik;k tkrk gSA
@@vkns'[email protected]@
20- Qyr% mijksDr foospukuqlkj ewy fu"iknu izkFkZuk i= iks"k.kh; ugha gksus ls [kkfjt fd;k tkrk gS o flfoy fyfid dks funsZ'k fn;s tkrs gS fd] fMØhnkj JhoYyHk }kjk izLrqr izkFkZuk i= vkns'k 21 fu;e 32 ¼5½ lhihlh i`Fkd ls fofo/k nhokuh izdj.k ntZ dj U;k;ky; ds le{k tkWp gsrq is'k djsA ewy fu"iknu izkFkZuk i= ls lacf/kr i=koyh Qsly 'kqekj gksdj nkf[ky nQ~rj jgsA "
(14 of 21) [CW-7140/2022]
The petitioners have not challenged the said order
passed by the Executing Court on 30.9.2013 at any point
of time. It is well settled that the principles of res
judicata apply in different stages of the same proceedings
as held in Bhanu Kumar Jain and Chhabil Das's cases
(supra). In such circumstances, the petitioners are
estopped from raising such objection that the application
filed by the respondent-decree holders under Order 21
Rule 32 (5) CPC is not maintainable as it is not
accompanied by application under Order 21 Rule 11 (2)
CPC.
Otherwise also, this Court is of the opinion that the
court while dealing with the execution matters need not
to take a narrow view and should always ignore the little
technical errors as the principal function of a court is to
deliver justice and not to deny justice on technical
grounds.
In view of the above discussion, I am of the view
that the findings of the Executing Court while dealing
with ground (A) raised by the petitioners are not liable to
be interfered with.
Rejecting the ground (B) raised by the petitioners,
the Executing Court while referring to several decisions of
the Hon'ble Supreme Court as well as the decision of this
(15 of 21) [CW-7140/2022]
Court has held that a decree is nothing but a formal
expression of judgment and reasoning provided in the
judgment can be imported to understand the true
meaning of a decree.
I am also of the opinion that for the purpose of
drawing true meaning of a decree, it would always be
useful to take into consideration the reasonings provided
in the judgment. In such circumstances, the findings
arrived at by the Executing Court on this issue are not
liable to be interfered with.
The Executing Court while rejecting the ground (C)
raised on behalf of the petitioners has observed as
under :
"A careful reading of the above-
mentioned paragraphs of the DJ Court Judgment would make it clear that the District Court, Jaisalmer held that over the disputed property, open and continuous possession of DH is evident and proved; that it is also evident and proved that DH had a petrol pump over the disputed property in the past; that there is no evidence which shows that DD had dispossessed DH from the disputed property in the past; that it is also proved and evident that DD had knowledge of the continuous and uninterrupted possession of DH over the disputed property; that DD didn't produce any title document to show that the disputed property is part of Khasra no.193 and that this disputed property was handed over to them by the
(16 of 21) [CW-7140/2022]
revenue department; that for the sake of arguments, even if it is assumed that DH had forged title documents in relation to the disputed property and on the basis of those forged documents DH is claiming possession over the disputed property, even in that case DD don't have power to dispossess DH from the disputed property without showing their ownership over the disputed property; that in the absence of any evidence to show the ownership rights over the disputed property on the part of DD, DH cannot be termed as encroachers over the disputed property until and unless DD gets their ownership right proved over the said property; that according to the Municipal Act provisions, any open land within the limits of municipal area is termed as land belonging to that municipality, but it is not found that the disputed property had been an open land; that DH is entitled to obtain a perpetual injunction against DD in relation to the disputed property, and DD can dispossess DH from the disputed property if DD can prove its ownership over the said property by following due process of law.
The above analysis of the DJ Court Judgment makes it clear that there was a real dispute regarding ownership over the disputed property between the parties and that the possession of DH over the disputed property was categorically affirmed."
Lastly, after taking into consideration the various
judgments of the Hon'ble Supreme Court, the Executing
Court has concluded as under :
(17 of 21) [CW-7140/2022]
"In the light of the principles laid down in the above-mentioned judgments of Hon'ble Supreme Court, it is clear that whenever there is a real and bonafide dispute regarding the title of any property, the due process of law would mean to approach ordinary civil court and get the issue of ownership adjudicated by such court. In the present case, as already discussed, the long, continuous and settled possession of DH was approved by the DJ Court Judgment (which attained finality). By no stretch of imagination, they were encroachers upon the disputed property. And going by the mandate of the decree-in-question, the due process of law for DD would mean that they should have approached the ordinary civil court first for the adjudication of title over the disputed property in their favour and only after obtaining favourable order from such court they were legally entitled to dispossess DH from the disputed property. But this course was not followed by DD. And hence, this court has no hesitation to hold that the act of DD evicting DH from the disputed property by resorting to Section 203 of the Act was illegal and in clear violation of the decree-in-question. DD disobeyed the decree-in-question. DD had no right to evict DH from the disputed property summarily as is ordinarily done in the case of an encroacher over any government property."
After careful reading of the findings of the Executing
Court, I do not find any illegality in the same as the
Executing Court has rightly observed that a bonafide
(18 of 21) [CW-7140/2022]
dispute regarding title of the property exits between the
petitioners and the respondent-decree holders and the
same is evident from the judgment and decree passed by
the District Judge and, in such circumstances, without
proving the ownership over the property in question, the
petitioners cannot resort to the procedure laid down
under Section 203 of the Act of 1959 for the purpose of
dispossessing the respondent-decree holders.
Learned counsel for the petitioners has failed to
satisfy this Court that without proving their ownership
over the property in question, the petitioners can resort
to the procedure laid down under Section 203 of the Act
of 1959 for evicting the respondent-decree holders from
the property in question.
So far as the finding of the learned Civil Judge
regarding ineffective or non service of notice upon the
respondent-decree holder Shri Vallabh under Section 250
of the Act of 1959 is concerned, the same is based on
certain facts, which are not in dispute, hence, the same is
also not liable to be interfered with.
So far as the direction issued by the Executing Court
of paying compensation to the tune of rupees one lakh to
the respondent-decree holders is concerned, I am of the
(19 of 21) [CW-7140/2022]
opinion that the Executing Court has erred in issuing the
said direction.
Learned counsel for the petitioners has rightly
argued that without determination of actual loss caused
to the respondent-decree holders, the Executing Court
has illegally ordered for paying compensation to them to
the tune of rupees one lakh. The Executing Court has
failed to elaborate that as to how it has come to the
conclusion that the respondent-decree holders had
suffered a loss to the tune of rupees one lakh.
In the application under Order 21 Rule 32 (5) CPC,
the respondent-decree holders have vaguely mentioned
that they had suffered a loss of rupees one lakh fifty
thousand on account of their illegal eviction from the
property in question, however, no proof is produced to
prove the actual loss suffered by them.
It appears that the Executing Court has ordered for
awarding compensation to the respondent-decree holders
while resorting to the provisions of Order 21 Rule 32 (3)
CPC, however, Order 21 Rule 32 (3) CPC speaks about
attached property and provides that the compensation
may be awarded to the decree holder out of the proceeds
in case the attached property is sold. In the present case,
neither the property in question has been attached nor
(20 of 21) [CW-7140/2022]
the same has been sold and, in such circumstances, I am
of the opinion that the Executing Court has erred in
awarding compensation to respondent-decree holders to
the tune of rupees one lakh while resorting to the
provisions under Order 21 Rule 32 (3) CPC.
So far as the judgment of the Hon'ble Supreme
Court and of this Court, on which, learned counsel for the
petitioners has placed reliance are concerned, they are of
no help to the petitioners.
The Hon'ble Supreme Court in Asikali Akbarali
Gilani's case (supra) was considering the matter
regarding encroachments on different places, however, in
the present case, as observed earlier, the decree holders
cannot be termed as encroachers until and unless the
petitioner - Municipality proves its ownership over the
disputed property.
In the case of Municipal Corporation of Greater
Mumbai (supra), the Hon'ble Supreme Court was dealing
with the matter wherein the Municipal Corporation
concerned has violated the procedure while demolishing a
building and in that case, the Hon'ble Supreme Court has
held that if there was any illegality in the procedure of
demolishing the building, the Municipal Corporation can
be asked to pay compensation, however, the illegal
(21 of 21) [CW-7140/2022]
structure raised earlier cannot be permitted to be re-
erected. In the present case, the situation is all together
different as the Executing Court has not granted any
permission to the respondent-decree holders to raise
construction but only restored their possession.
In Kanti Chand Sharma's case (supra), this Court
has rejected the claim of the petitioner while observing
that the petitioner has himself removed the
encroachments and goods from the disputed land and he
acknowledged those facts by giving a receipt of this effect
to the municipal authorities. The facts of the present case
are all together different from the facts of the above-
referred case.
In view of the above discussion, this writ petition is
partly allowed and the direction given by the Executing
Court of restoring possession of the disputed property to
the respondent-decree holders and other consequential
directions are hereby affirmed, however, the direction to
pay compensation to the tune of rupees one lakh to the
respondent-decree holders is set aside.
Stay petition is disposed of.
No order as to costs.
(VIJAY BISHNOI),J
ms rathore
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