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2023 Supreme(Raj) 563

MAHENDAR KUMAR GOYAL
Kamla Devi W/o Shri Madanlal Pakhrot – Appellant
Versus
Municipal Council, Beawar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Harshad Kapoor, Rajesh Kapoor.

JUDGMENT :

MAHENDAR KUMAR GOYAL, J.

1. This civil second appeal has been preferred against the judgment and decree dated 16.07.2019 passed by the learned Additional District Judge No. 1, Beawar, District Ajmer (for brevity “the learned Appellate Court”) in Civil Appeal No. 1/2010 (CIS No. 23/2014) whereby, while dismissing the appeal, the judgment and decree dated 26.11.2009 passed by the learned Civil Judge (Senior Division) No. 1, Beawar (for brevity “the learned trial Court”) dismissing the Civil Suit No. 139/2002 (256/82) filed by the appellant-plaintiff (for brevity “the plaintiff”) for permanent injunction, have been upheld.

2. The relevant facts in brief are that the plaintiff filed a suit for permanent injunction against the respondents stating therein that she is in occupation of a wooden cabin lying on the Chabutri (platform) in front of her residential house situated in Diggi Mohalla, Nagar Parishad Marg, Beawar, District Ajmer as tenant from which she was carrying on business for last three years. Alleging that the defendants wanted to forcibly dispossess her from the wooden cabin, the decree as aforesaid prayed for.

3. The defendant No. 4 in his written statement submitted

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