Order

16/08/2021

This appeal is directed against judgment dated 22.07.2016 passed by the Additional District Judge No. 1, Barmer, whereby the appeal filed by the respondents against the judgment and decree dated 31.07.2010 passed by the Civil Judge (Sr. Division), Barmer has been allowed and the suit filed by the respondent- plaintiff for injunction has been decreed.

A suit was filed by the plaintiff-Cooperative Society, inter alia, with the submissions that the land admeasuring 9 bigha 6 biswa in Khasra No. 1179/2 at Barmer was owned by it, the land was converted by the District Collector in case No. 21/1982, for which patta dated 16.01.2002 was issued. It was alleged that the defendant by claiming plots No. 1 to 18 & 40 and 41, which were of ownership and possession of the plaintiff as indicated on the map, was bent upon auctioning the same. The auction notice was issued, which is cause of action for filing of the suit. It was prayed that the defendant be restrained from auctioning the plots in question.

Written statement was filed by the appellant-defendant, inter alia claiming that the area of land purchased by the plaintiff is already in its possession and the land comprising plo