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2014 Supreme(Raj) 1779

SANGEET LODHA
Hari Singh – Appellant
Versus
Raju Singh – Respondent


Advocates:
For the Petitioners:Vishwajeet Joshi, Advocate.

JUDGMENT

1. - This writ petition is directed against order dated 4.2.14 passed by the Additional District Judge No.4, Jodhpur Metropolitan City in Civil Suit No.7/13, whereby an application preferred by the petitioners herein for impleading them as party defendants in the suit, stands rejected.

2. Learned counsel for the petitioners contended that the land in respect whereof the respondent-plaintiff has sought injunction forms part of the way which is being used by the residents of villages nearby. Learned counsel submitted that the respondent-plaintiff has encroached upon the land forming part of the way in the length of 150 ft. and the existing way has been obstructed, which is causing undue hardship to the petitioners and their likes. Learned counsel submitted that for complete and effectual adjudication of the dispute, it is absolutely necessary that the petitioners are impleaded as party defendants in the suit. Learned counsel submitted that on account of encroachment being made, the proceedings are initiated against the respondent-plaintiff by the Tehsildar under Section 91 of Land Revenue Act, 1956. Learned counsel submitted that nobody can be permitted to encroach upon the l







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