Disposed

Executive Engineer, and Ors. v. Bhera Ram and Ors.

Rajasthan HC7 May 2013CW/2307/2013

Case brief

AI extract

What is this about?

The High Court permitted the petitioner-State to reopen closed evidence in a civil suit for interim injunction regarding illegal water supply, conditional upon payment of Rs.2,000/- costs to the respondents, and fixed correspondence dates with the trial court for fresh date fixing.

What did the court decide?

Petitioner permitted to lead evidence in civil suit upon payment of Rs.2,000/- costs; trial court to fix new date.

Executive Engineer, and Ors. Vs Bhera Ram and Ors. — Property and Title | Rajasthan HC (2013)

¶1

S.B. Civil Writ Petition No.2307/2013 The Executive Engineer, Div-II, R.D. 931 IGNP & Ors. Vs. Bhera Ram & Ors.

¶2

Order dt: 07/05/2013

¶3

1/2

¶4

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

¶5

AT JODHPUR

¶6

ORDER

¶7

S.B. Civil Writ Petition No.2307/2013

¶8

The Executive Engineer, Div-II, R.D. 931 IGNP & Ors.

Vs.

Bhera Ram & Ors.

Date of Order

th ::: 07 May 2013

¶13

PRESENT

¶14

HON'BLE DR. JUSTICE VINEET KOTHARI

¶15

Mr. K.R. Saharan, Dy. Govt. Advocate for the petitioner.

¶16

1. The petitioners/defendants, an instrumentality of the State Government (Executive Engineer, Division-II, R.D. 931 I.G.N.P., Bajju) have preferred this writ petition against the order dated 30.05.2012 passed by the learned trial court in Civil Original Case No.25/2003-Bhera Ram & Ors. Vs. State & Ors., whereby the evidence of the defendants was closed in a suit filed by the plaintiffrespondent for permanent injunction against the threatened disconnection of water supply being illegally taken by the plaintiffsrespondents. The petitioners have also assailed the order dated 21.11.2012 passed by the learned trial court whereby the learned trial court rejected the petitioners' application under Order 16 (1) (3) CPC seeking to recall the order dated 30.05.2012, refusing to open the evidence of the petitioners-defendants.

¶17

Order dt: 07/05/2013

¶18

S.B. Civil Writ Petition No.2307/2013 The Executive Engineer, Div-II, R.D. 931 IGNP & Ors. Vs. Bhera Ram & Ors.

¶19

2/2

¶20

2. Having heard the learned counsel for the petitioner-State (IGNP Deptt.), this Court is of the opinion that in the interest of justice, on payment of costs of Rs.2,000/- by the Officer-in-Charge concerned of the defendant-petitioner Department (IGNP), who has the case before the trial court, from his own pocket, to be paid to the plaintiff-respondents, the petitioner-defendant may be permitted to lead evidence before the learned Civil Judge (Jr. Division) Kolayat, Bikaner on the given date. Both the parties may before the learned court below in the first instance on 20.05.2013 , and on that date, the learned court below may fix a date according to its convenience, on which the evidence may be taken, of course, subject to payment of aforesaid costs of Rs.2,000/- to the respondent-plaintiff, as directed above.

¶21

3. With these observations, the writ petition preferred by the petitioner-State is disposed of. No costs. A copy of this order be sent to the concerned parties and the learned trial court below forthwith.

¶22

( DR. VINEET KOTHARI ), J .

¶23

DJ/S-1

Executive Engineer, and Ors. v. Bhera Ram and Ors.

Case brief

What is this about?

What did the court decide?

Executive Engineer, and Ors. v. Bhera Ram and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Raja Ram Vs Board of Revenue, Ajmer and Ors.

Sulzer Processors Pvt. Ltd. Vs Textiles Cess Appellate Tribunal

Mahadev Panchariya Vs State and Ors.

State of Raj. Vs Pratap Singh Jagirdar and Ors.

Ram Swaroop Vs State of Raj. and Ors.

Executive Engineer, and Ors. Vs Shivnath Ram