Order

19/03/2025

1. Heard the parties on whether any substantial question of law is involved in this second appeal or not.

2. This Second Appeal is against the judgment and decree dated 11.12.2017 passed by District Judge, Jodhpur District Original Civil Suit No.633/2011, whereby, the judgment and decree dated 16.04.2013 passed by Civil Judge (Junior Division), Jodhpur has been upheld.

3. The factual matrix of the case is that the plaintiff and defendant had purchased a plot from Jodhpur Adarsh Pragatisheel Grah Nirman Samiti, a residential colony in Vijay Nagar.

4. The plaintiff purchased plot no. 195 area 30 ft. X 50 ft. The defendant purchased plot no. 196 having area in the north was 27 ft. and in the south 40 ft.

5. The plaintiff brought the suit for injunction against the defendant to not to encroach upon the land of the plaintiff. During suit, an application was filed that encroachment was made on 4 ft. of the land of the plaintiff. Hence, recovery of possession was also sought for. The learned trial Judge dismissed the suit. The dismissal was challenged in appeal, which was also dismissed.

6. Contention of the learned counsel for the appellant is that Commissioner was appointed by