Advocates:
['DR RDSS KHARLIA', '', 'HARVEER SIDHU', 'DIGVIJAY SINGH', 'Deepender Rajpurohit']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 7130/2021

Ajeetendrapal Singh S/o Kartar Singh, Aged About 63 Years, B/c

Kamboj Sikh, R/o 29 Darshanpura Kumharo Ka Bhatta, Udaipur.

----Petitioner

Versus

1.

Urban Improvement Trust, Through Secretary,

Sriganganagar.

2.

Gurdev Singh Gill S/o Jagraj Singh Gill, B/c Jatsikh, R/o

A-1, Kunj Vihar, Sriganganagar.

3.

Harbans Singh Chawla S/o Ganesha Singh Chawla Arora,

R/o B-4, Khalsa Nagar, Sriganganagar.

4.

Bhupendra Singh Brar S/o Gurjant Singh Brar, B/c

Jatsikh, R/o 5 Lnp, Tehsil And District Sriganganagar.

5.

Prem Kumar Kukkad S/o Murarilal Kukkad, R/o 9 L Block,

Sriganganagar.

6.

Surendra Kumar Kukkad S/o Murarilal Kukkad, R/o 9 L

Block, Sriganganagar.

7.

Avtar Singh Brar S/o Gurcharan Singh, R/o D-9 Ambika

City, Sriganganagar.

----Respondents

For Petitioner(s)

:

Dr. Ramandeep Singh Kharliya

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment

12/07/2022

This writ petition has been filed by the petitioner being

aggrieved with the order dated 06.03.2021 passed by the

Additional District Judge No.2, Sri Ganganagar (hereinafter to be

referred as ‘appellate court’) in Misc. Appeal No.10/2020 whereby

the appeal preferred by the petitioner has been dismissed.

The petitioner preferred the aforesaid appeal against the

order dated 26.11.2020 passed by Additional Civil Judge No.1, Sri

(2 of 3)

[CW-7130/2021]

Ganganagar (hereinafter to be referred to as ‘the trial court’)

whereby the application filed by the petitioner under Order 39

Rule 1 and 2 C.P.C. has been rejected.

The brief facts of the case are that the petitioner filed a suit

for permanent injunction against the respondents with a prayer

that the respondent-UIT may be restrained from issuing patta for

the land in question. Along with the said suit, the petitioner also

filed an application under Order 39 Rule 1 and 2 C.P.C. seeking

temporary injunction against the respondents.

Prior to that the petitioner preferred a suit for partition in

relation to the land in question in the Court of Additional District

Judge No.1, Sri Ganganagar claiming that the land in question is

ancestral land and, therefore, his share in the ancestral land may

be declared. The said suit came to be dismissed by the Additional

District Judge No.1, Sri Ganganagar on 24^th January, 2011 holding

that the land is not ancestral land and the same belongs to

Preetpal Kaur, sister of the petitioner. The Court also came to the

conclusion that the parents of the petitioner and Preet Pal Kaur

had executed a Will in her favour and on account of that, she is

the sole owner of the said land.

Being aggrieved with the judgment dated 24.01.2011, the

petitioner preferred a regular first appeal before this Court, which

is pending till date, however, the stay petition filed in said appeal

has been disposed of by the this Court while passing the following

order:-

“Allenation of Suit property if any made by the

defendant of respondent shall be subject for the

final decision of first apeal filed by the plaintiff-

appeallants- The stay petition is accordingly

disposed of.”

(3 of 3)

[CW-7130/2021]

Again, the petitioner moved a second stay application in the

said first appeal, which was rejected by this Court while passing

the following order:-

“Having heard, learned counsel for the parties

for quite some time, this Court does not find any

ground to allow the second stay petition. The

earlier order granted on 24.04.2011 is sufficient

to meet the ends of justice.

The second stay application is accordingly

rejected.”

The trial court has given a finding that as the petitioner has

failed to prove his title as well as the possession over the land in

question. His claim over the property in question is to be decided

in the pending first appeal wherein the High Court has not passed

any interim order, hence, no case is made out.

The appellate court has also rejected the appeal