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2021 Supreme(Raj) 1441

DEVENDRA KACHHAWAHA
State of Rajasthan – Appellant
Versus
Aman Yadav – Respondent


Advocates appeared:
Mr. Rajesh Parihar, Advocate, for the Appellant; Mr. Sandeep Saruparia, Advocate, for the Respondent

JUDGMENT

Appellants-Defendants have preferred this first appeal under Section 96 C.P.C. to challenge the impugned judgment and decree dated 19.11.2020 passed by Additional District Judge No.1, Aburoad, District Sirohi (for short, 'learned trial Court') in Civil Original Suit No.46/2009 (49/2009) (CIS No.876/2014) titled as "Smt. Aman Yadav v. State of Rajasthan & Anr.". Learned trial Court, by the impugned judgment and decree, decreed the suit filed by the respondent-plaintiff for declaration, permanent and mandatory injunction.

Succinctly stated, the facts of the case are that initially a suit for declaration, permanent and mandatory injunction was filed by respondent-plaintiff Smt. Aman Yadav against the State of Rajasthan and Municipal Board, Aburoad on the ground that one property of plaintiff's ownership situated in Ward No.1 of Mouja Manpur, Aburoad and four corners of the property are mentioned at para no.1 of the plaint and khasra numbers of the property are mentioned in para no.2 of the plaint. The land was allotted in favour of plaintiff vide allotment letter dated 25.04.1959 for the purpose of installing and developing poultry and dairy farm and since then, the plaintiff i

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