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2024 Supreme(Raj) 58

NUPUR BHATI
Sultana W/o Late Taj Mohammed – Appellant
Versus
Murli Manohar Paliwal S/o Late Ram Chandra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Poonam Chand Purohit.
For the Respondent: Narendra Thanvi.

ORDER :

1. By way of filing the present petition under Article 227 of Constitution of India, the petitioners have challenged the order dated 03.10.2023 passed by Learned Additional District Judge No. 7, Jodhpur Metropolitan. Petitioners have also prayed that the applications filed by the respondents-plaintiffs may kindly be rejected and the Learned Court below may be restrained from taking the documents produced by respondents-plaintiffs on record as admissible in evidence and mark them as exhibits.

2. Brief facts of the case are that the respondents-plaintiffs filed a petition for recovery of possession, declaration, mesne-profit and permanent injunction against the petitioners-defendants while stating that the petitioners are the encroachers over a part of the property, Plot No. 455 admeasuring 556.11 square yard situated at Pal Link Road, Jodhpur. The said property had been allotted to Late Shri Ramchandra (father of the respondent/plaintiff No. 1) and respondent/plaintiff No. 1 by Urban Improvement Trust, Jodhpur on 07.10.1970 and thereafter a license in respect of which was issued in the name of the father of the respondent-plaintiff and respondent-plaintiff No. 1 on 15.5.1974.

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