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2023 Supreme(Raj) 591

PUSHPENDRA SINGH BHATI
Piyush Kumar, S/o. Shri Natwarlal Joshi – Appellant
Versus
Ravindra Nath, S/o. Late Shri Ranchod Nath – Respondent


Advocates Appeared:
For the Petitioner: Mr. Suniel Purohit.
For the Respondents: Mr. Muktesh Maheshwari.

JUDGMENT :

1. This writ petition under Articles 226 & 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 and by an appropriate writ, order or direction:-

I. By an appropriate writ, order or direction, the impugned order dated 07.01.2022 (Annex-9) passed by the District Judge, Banswara, in Civil Original Case No.22/2007 may kindly be declared illegal and the same may kindly be quashed and set aside and consequently, the application preferred by the respondent-plaintiff may kindly be dismissed.

II. 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 petitioner.

III. Costs of the writ petition may kindly be awarded to the petitioner.”

2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the respondents-plaintiffs instituted a civil suit in the year 2007 before the learned District Judge, Banswara for possession and permanent injunction against the petitioner-defendant; w

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