[2023:RJ-JP:14629]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Second Appeal No. 134/2022

Dhannalal Son Of Late Shri Nathulal, Resident Of Ward No. 37

(New), Near Emanuel Engilish School, Sikar, Presently Residing

At Vaishali Raod, Vaishali Nagar Thane Ke Aage, Keshari Nandan

Apartment, Jaipur (Rajasthan).

----Appellant/Defendant No.2

Versus

1.

Keshardev Mor Son Of Late Shri Balabux, Resident Of

Ward No. 31 New, Old-22, Bajaj Road, Sikar (Rajasthan)

(Since Deceased).

1/1.

Girdhar Gopal Son Of Keshardev Mor, Resident Of Ward

No. 31 New, Bajaj Road, Sikar (Rajasthan).

1/2.

Madanlal Gopal Son Of Keshardev Mor, Resident Of Mor

Bhawan, Near Chokarika Dharamshala, Ward No. 31 New,

Bajaj Road, Sikar (Rajasthan).

1/3.

Krishna Gopal Son Of Kesar Dev Mor, Resident Of Mor

Bhawan, Near Chokarika Dharamshala, Ward No. 31 New,

Bajaj Road, Sikar (Rajasthan).

2.

Dwarka Prasad Son Of Shri Badrinarayan, Resident Of

Lalsingh Colony, Radhakishanpura, Sikar (Name Deleted).

3.

Ajmer Vidyut Vitran Nigam Limited, Sikar (Rajasthan).

4.

Assistant Engineer (O And M), A.v.v.n.l. Sikar

(Rajasthan).

5.

Rajasthan State, Through Secretary, Public Health And

Engineering

Department,

Sanwali

Road,

Sikar

(Rajasthan).

6.

Assistant Engineer, Jalday Vibhag, Public Health And

Engineering Department Sanwali Road, Sikar (Rajasthan).

7.

Municipal Council, Sikar Through Its Commissioner.

8.

Smt. Parvati Devi Wife Of Phool Chand, Daughter Of

Balabux, Resident Of Sikar (Name Deleted).

9.

Smt. Varsha Jain Wife Of Rajesh Kumar, Resident Of

Behind Kotwali, Tabela Road, Sikar (Rajasthan).

10.

Swati Devi Kabra Wife Of Shri Amit Kabra, Resident Of

Behind State Of India, Station Road, Sikar (Rajasthan).

………...Respondents-Defendant Nos.1 to 10

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[CSA-134/2022]

11.

Nandlal Son Of Shri Dhannalal, Resident Of Lal Singh

Colony,

Radhakishanpura,

Sikar,

District-Sikar

(Rajasthan).

12.

Natwarlal Tiwari Son Of Shri Laxminarayan Tiwari,

Resident of Near Government Hospital, Renwal

(Kishangarh), District Jaipur (Rajasthan).

----Plaintiffs No.2 & 3/Proforma-respondents

For Appellant(s)

:

Mr. Amit Singh Shekhawat

For Respondent(s)

:

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment

19/07/2023

This civil second appeal, which is reported to be time barred

by 1042 days, is accompanied with an application under Section 5

of the Limitation Act.

For the reasons stated in the application under Section 5 of

the Limitation Act, the same is allowed. The delay in preferring the

appeal is condoned.

This civil second appeal is preferred against the judgment

and decree dated 20.04.2019 passed by the learned Additional

District Judge No.2, Sikar (for brevity, “the learned Appellate

Court”) in Civil Regular Appeal No.35/2006, BT No.4/2006 (CIS

No.347/2014) whereby, while dismissing the appeal, the judgment

dated 17.03.2006 passed by the learned Additional Civil Judge

(Junior Division), Sikar (for brevity, “the learned trial Court”)

decreeing the suit for mandatory injunction, permanent injunction

and damages, has been upheld.

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[CSA-134/2022]

The relevant facts in brief are that Shri Keshardev Mor, the

predecessor-in-interest of the respondents No.1/1 to 1/3(for

brevity, “the plaintiff”) filed a suit for declaration, mandatory

injunction, permanent injunction and damages against the

appellant/defendant No.2 (for brevity, “the appellant”) and the

respondents No.2 to 12 stating therein that the subject property

comprising of Plots No.106 & 107 situated in Ward No.23, Sikar

was under his ownership and possession. Alleging that the

defendants were trying to interfere in his use and occupation of

the subject property and have encroached upon a part of it, the

decree as aforesaid was prayed for.

The appellant along with defendants No.1 & 4 in their joint

written statement denied the