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2006 Supreme(Raj) 16
High Court Of Rajasthan
Judgename : PRAKASH TATIA
L.RS.OF LATE SMT.TAGU DEVI - Appellant
Versus
MUNICIPAL COUNCIL, PALI - Respondent
CIVIL SECOND APPEAL 262 Of 2005
Decided On : 01/03/2006
R.K.Thanvi
Headnote:
Injunction - Municipal Council - Plaintiff failed to prove right to seek injunction against Municipal Council
Fact of the Case:
The plaintiff filed a suit for permanent injunction against the Municipal Council, Pali, which was dismissed by the trial court and the first appellate court.
Finding of the Court:
The plaintiff/appellant has no title to the property and sought regularisation of the plot, but possession has not been regularised. The plaintiff failed to prove any right to seek injunction against the Municipal Council, Pali.
Issues: The issue was whether the plaintiff had the right to seek injunction against the Municipal Council, Pali.
Ratio Decidendi: The court found that the plaintiff failed to prove any right to seek injunction against the Municipal Council, Pali.
Final Decision: The appeal was dismissed as the court did not find any substantial question of law involved in the case.
( 1 ) HEARD learned counsel for the appellant.
( 2 ) THE plaintiff filed a suit for permanent injunction against the Municipal Council, Pali which was dismissed by the trial court vide judgment and decree dated 19. 2. 2003 against which the plaintiff preferred an appeal which was also dismissed by the first appellate court vide its judgment and decree dated 25. 4. 2005.
( 3 ) ADMITTEDLY, the plaintiff/appellant has no title to the property and the plaintiff sought regularisation of the plot but admittedly, the possession has not been regularised. The plaintiff failed to prove any right to seek injunction against the Municipal Council, Pali. Two courts below carefully considered the facts and thereafter decided the issue against the appellant.
( 4 ) IN view of the above, I do not find any substantial question of law involved in this appeal, therefore, this appeal deserves to be dismissed, hence, dismissed.
