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2019 Supreme(Raj) 1111

PUSHPENDRA SINGH BHATI
Raghunathdas Vaishnav – Appellant
Versus
Municipal Board, Nathdwara – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Bhavit Sharma with Hukam Singh
For The Respondent: Suresh Shrimali and Ms. Geeta Shrimali for Dr. P. Dave

JUDGMENT :

PUSHPENDRA SINGH BHATI, J.

This writ petition under Articles 226 & 227 of the Constitution of India has been preferred claiming the following reliefs:

    “i. the impugned order dated 16.08.2018 (An.1) passed by the learned Trial Court in Misc. Civil Case No. 112/2018 and the order dated 12.10.2018 (An.2) passed by the learned Appellate Court in Civil Misc. Appeal No. 20/2018 (CIS No. 20/2018) - Raghunatndas Vaishnav v. Municipal Board, Nathdwara, may kindly be quashed and set aside and;

ii. the application (An.4) filed by the petitioners under Order 39 Rules 1 & 2 r/w 151 CPC may kindly be allowed with costs throughout;

iii. any other order or direction, which this Hon'ble Court may deem just and proper in the facts and circumstances of the case, may be passed in favour of the petitioner;

iv. writ petition of the petitioners may kindly be allowed with costs.”

2. Brief facts of this case, as noticed by this Court are that the petitioners claim that they were in possession of a property situated at Sukhadia Nagar, Near Narayan Chowi, opposite Housing Board, Nathdwara, District Rajsamand. The petitioners further claim that they have possession over the said property for past twenty

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