[SBCFA No.425/2012]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil First Appeal No. 425 / 2012

Mrigendra Singh s/o late Shri Narendra Singh Bhati, by caste Bhati

Rajput, aged 38 years, r/o Devi Sagar Krishi Farm, near New Civil

Airport, village Bhichadli, Jodhpur Metropolitan City.

----Appellant

Versus

1. Sohan Raj Surana s/o Shri Sonraj, by caste Surana Oswal,

r/o A-45, Shashtri Nagar, Jodhpur Metropolitan City.

2. Abhinav Kumbhat s/o late Shri Goutam Kumbhat, r/o 3, Lal

Bungalow, Rai-ka-Bagh, Jodhpur Metropolitan City.

3. Shreyansh s/o Shri Hukam Chand Daga, by caste Oswal, r/o

A-31, Sahstri Nagar, Jodhpur Metropolitan City.

4. M/s Paradise Villa, partnership firm through its partner Sh.

Sohanraj Surana s/o Shri Sonraj, by caste Surana Oswal, r/o

A-45, Shastri Nagar, Jodhpur Metropolitan City.

----Respondent

_____________________________________________________

For Appellant(s) : Mr Kamlakar Sharma, Sr. Advocate; Ms

Alankrita Sharma, Mr Madhusudan Singh

Rajpurohit, Mr Moti Singh Rajpurohit, Mr

Surendra Singh Rathore

For Respondent(s) : Mr M.S. Singhvi, Sr. Advocate; Mr Vikas

Balia, Mr Rishi Soni, Mr Anupam Vyas

_____________________________________________________

HON'BLE DR. JUSTICE VIRENDRA KUMAR MATHUR

Judgment

Date of Pronouncement: (19)/12/2017

This Civil First Appeal under sec.96 CPC was filed against

order dated 01.10.2012 passed by Additional District Judge (FT)

No.3, Jodhpur Metropolitan in Civil Original Suit No.14/2012

whereby application of respondent-defendants filed under Order 7

rule 11 CPC was allowed.

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This appeal was earlier dismissed by order of this Court

dated 02.11.2015. Being aggrieved by the order passed in appeal,

the appellant preferred a Special Leave to Appeal before Hon’ble

Supreme Court. Hon’ble Supreme Court vide its order dated

12.08.2016 passed in Civil Appeal No.7376/2016 while allowing

the appeal partly, remanded the matter back to this Court with

direction to dispose of the same as early as possible on merits,

preferably within period of 8 weeks from the date of

communication of this order.

Thereafter, this appeal was listed for hearing on merits of

application filed by respondent-defendants under Order 7 rule 10

CPC. Learned counsel for the parties took several adjournments

and record of original Civil Suit No.14/2012 was also called for and

the matter was heard.

Brief facts of the case arising in the controversy are that

appellant’s land, named Devisagar Krishi Farm situated at village

Bichadli, Teshil & District Jodhpur, where the appellant is said to

be residing and is in exclusive possession of said land; it was

stated that this land was originally belonging to appellant’s

grandfather Colonel Mohan Singh, who remained in possession till

his death and then his son, appellant’s father, Shri Narendra Singh

and since death of appellant’s father on 08.07.2010, the appellant

is in exclusive possession of the land.

It was stated that the appellant started raising construction

and collected construction material at the site in February-March

2012, then the respondent-defendant No.1 raised an objection by

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saying that entire land belongs to respondents and asked the

appellant to hand-over possession to them. The respondent

claimed their title in the property on the basis of 03 sale deeds

and one partnership-deed, alleged to have been executed by

Krishan Kak, Kamla Bhalla and appellant’s father on different

dates. The appellant submitted that the documents on which they

are relying do not create any right in the property and if they

consider that they have any right arising out of those documents,

they should approach a court of law.

When the appellant refused to recognize said title as shown

by respondent No.1 and refused to hand over possession,

respondents No.1 to 3 on 16.04.2012 tried to take possession of

the land by force. Under th