Deen Giri S/o Bhagwan Giri vs Prem Bhargav S/o Babulal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1278

PUSHPENDRA SINGH BHATI
Deen Giri S/o Bhagwan Giri – Appellant
Versus
Prem Bhargav S/o Babulal – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Aditya Singhi
For the Respondent:Mr. Manoj Bhandari, Sr. Advocate assisted by Mr. Govind Lal, Mr. Leela Dhar Khatri

JUDGMENT :

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

“a.) by an appropriate writ, order or direction, it is humbly prayed that the present Writ Petition may kindly be allowed and the Order Dated 28.08.2023 passed by District Judge, Jaisalmer in Appeal No.21/2023 (Annexure-1) may kindly be quashed and set aside; and

b.) That if during these proceeding, if commissioner report may be brought before learned court below, then same may be declared illegal and may not be allowed to be used while determining the lis between the parties

c.) by an appropriate writ, order or direction, it is humbly prayed that the encroachment done by the Respondent shall be removed and further restrain to do any act of encroachment and status quo be maintained; and

d.) Any other order which may be deemed just and proper in the facts and circumstances of the case may kindly be passed in favour of the Petitioner and Cost 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 of the petitioner, are that the petitioner instituted a suit for permanent and pe

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