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2023 Supreme(Raj) 1370

ANOOP KUMAR DHAND
Vishambhar Dayal, S/o. Shri Puran Mal – Appellant
Versus
Jagannath, S/o. Chiranji Lal Brahmin, (now Deceased) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ajay Gupta and Ms. Sampati Sharma.

ORDER :

1. “Man lives in the short run, but litigation lives in long run.”, [Justice Krishna Iyer]

2. The instant case is a glaring example of misuse of the process of law where adjournments are consistently sought by both the sides since last more than forty years for recording their evidence and still the suit filed by the plaintiffs/petitioners (hereinafter referred to as “the petitioners”) in the year 1981 is at the stage of recording the evidence of the defendants. The present case is a typical illustration of miscarriage of justice where the suit filed in the year 1981 has rolled as far about half a century i.e. 43 years.

3. A suit for declaration and permanent injunction was submitted by the petitioners against the defendants (respondents) before the Court of Sub-Divisional Officer, Rajgarh, District Alwar (for short “the SDO”) on 06.07.1981.

4. An application was submitted by the petitioners for appointment of ‘Receiver’ and the same was allowed by the SDO vide order dated 02.12.1981 and the Tehsildar, Rajgarh (Alwar) was appointed as ‘Receiver’ with the direction to take possession of the land in question and auction the same for the purpose of cultivation.

5. Against the order

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