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2012 Supreme(Raj) 1110

VINEET KOTHARI
Tola Ram – Appellant
Versus
Mohan Lal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Narendra Thanvi
For the Respondent: Mr. Prabhat Ojha

JUDGMENT :

Vineet Kothari, J.

The instant second appeal under Section 100 Civil Procedure Code is directed against the judgment and decree dated 05.03.2011 passed by the learned court of Civil Judge (Sr. Division), Phalodi dismissing the Civil Original Suit No.05/2006- Tola Ram v. Mohan Lal and, so also, the appellate Court's judgment and decree dated 27.04.2011 passed by learned Additional District Judge, Phalodi, District: Jodhpur dismissing appeal filed by the plaintiff-appellant being Civil Appeal No.01/2011-Tola Ram v. Mohan Lal.

2. Both the courts below have concurrently dismissed the suit filed by the appellant-plaintiff for prohibitory and mandatory injunction in respect of suit property, a plot of land situated at Village- Hopardi, Tehsil Phalodi, over which the respondent-defendant, Mohan Lal, also claimed his title. The courts below have not believed the "Patta" produced by the appellant-plaintiff, Tola Ram.

3. Learned counsel for the appellant, Mr. Narendra Thanvi, relying upon judgments rendered in the case of Corporation of City of Bangalore v. M. Papaiah & Anr. reported in AIR 1989 SC 1809 and in the case of Abdul Latif & Ors. v. Nagar Vikas Pranyas, Udaipur, reported in









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