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2019 Supreme(Raj) 209

PUSHPENDRA SINGH BHATI
Subhash Chandra – Appellant
Versus
Pushpa Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Suresh Shrimali and Rishabh Shrimali
For the Respondents: V.N. Kalla

JUDGMENT :

DR. PUSHPENDRA SINGH BHATI, J.

1. This writ petition under Article 226 read with Article 227 of the Constitution of India has been preferred claiming the following reliefs:

“It is, therefore, most respectfully prayed on behalf of petitioner that the writ petition may kindly be allowed with costs throughout and the impugned order dated 04.09.2018 passed by the Additional District Judge No. 3, Bhilwara in Civil Suit No. 135/2012 may kindly be quashed and set aside and the application filed by the petitioners under Order 7 Rule 14 CPC may kindly be ordered to be allowed.

Any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioners.”

2. Brief facts of this case, as noticed by this Court are that the plaintiffs-petitioners filed a suit for possession under the Specific Relief Act on 29.10.2011 on account of the claim that the defendant had illegally encroached upon the property in question on 21.10.2011. In the said suit, it was claimed that Araji No. 2502, Rakba 1, 1 Bigha 1 Biswa was situated in Bhilwara, and Renu Devi, who was the widow of Devilal Jat,


























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