Dismissed

Raj. State Agricultural Mar. Board and Anr. v. M/S Deep Jyoti Company

Rajasthan HC13 Mar 2015CSA/42/2015

Case brief

AI extract

What is this about?

The High Court dismissed S.B. Civil Second Appeal No. 42/2015 filed by Rajasthan State Agricultural Marketing Board. The court held that the First Appellate Court did not arrive at perverse findings when remanding the water-turn dispute matter to the Trial Court. The Second Appeal was dismissed for lack of merit and failure to raise a substantial question of law.

What did the court decide?

The second appeal filed by the appellants was dismissed and they are not entitled to costs.

Raj. State Agricultural Mar. Board and Anr… — Civil Procedure and Limitation | Rajasthan HC (2015)

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S.B. CIVIL SECOND APPEAL NO. 42/2015.

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Rajasthan State Agricultural Marketing Board Vs. M/s Deep Jyoti Company

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Judgment dated 13.03.2015

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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:: JUDGMENT ::

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S.B. CIVIL SECOND APPEAL NO. 42/2015.

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Rajasthan State Agricultural Marketing Board & Anr. Vs. M/s Deep Jyoti Company

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Date of Judgment :::: 13^th March, 2015.

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P R E S E N T

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HON'BLE Dr. JUSTICE VINEET KOTHARI

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Appearance:

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Mr. S.G. Ojha, for the appellants-defendants.

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<<>>

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BY THE COURT :

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This second appeal filed by the plaintiffs is arising out of the judgment and decree dated 17.11.2014 passed by the learned Additional District Judge No.1, Sriganganagar in Regular Civil Appeal No.03/2008 “LRs Gurjant Singh Vs. LRs of Gurcharan Singh & Ors.” who allowed the appeal filed by the defendants-LRs of Gurjant Singh and remanded back the matter to the learned Trial Court while setting aside the judgment and decree dated 17.07.2006 and 19.07.2006 passed by the learned Civil Judge (Junior Division), Sriganganagar in Civil Suit No. 10/2003 “Gurcharan Singh S/o

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S.B. CIVIL SECOND APPEAL NO. 42/2015.

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Rajasthan State Agricultural Marketing Board Vs. M/s Deep Jyoti Company

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.. Judgment dated 13.03.2015

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Karnail Singh Sikh Vs. State of Rajasthan through Collector & Ors.” by which, the learned Civil Judge (Junior Division) had decreed the suit filed by the plaintiff-Gurcharan Singh seeking perpetual injunction in relation to the dispute of water-turn for irrigation purposes for their agricultural lands.

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The present second appeal has been filed by the appellants, who were the plaintiffs, against the reversal of the findings of the learned Trial Court by the learned First Appellate Court and remanding of the matter to the Trial Court.

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On perusal of the record of the case, it is noticed that the learned Trial Court had decreed the suit filed by the plaintiffs seeking perpetual injunction against the defendants in relation to the dispute of water-turn for their agricultural lands in the following manner:-

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“26. ::: आद�श :::

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अत : व�द व�द�गण ववरद पततव�द�गण ब�बत श�शत व��द�श सव�� ड�क� क�� ज��र आक�व त आद�श पततव�द� स! . 3 �� आद�श कम�!� -2759 दद . 17.4.02 व आद�श पततव�द� स! . 2 कम�!� -1268 ददन�!� 25.11.02 ववध& ववरद , अध&��र रद'त , '(न� �� रण अव)& व शन� घ(व-त क�� ज�त� '. तथ� आद�श पततव�द� स! . 3 ददन�!� - 21.1.03 पभ�व शन� घ(व-त क�� ज�त� ') तथ� पततव�द�गण �� ववरद श�शत व��द�श इस आश� �� दद�� ज�त� ') क�

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S.B. CIVIL SECOND APPEAL NO. 42/2015.

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Rajasthan State Agricultural Marketing Board Vs. M/s Deep Jyoti Company

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.. Judgment dated 13.03.2015

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3/6 व� व�द�गण �� र�ब� �� ब�र� ज( �म �� गई ') , उस� द4रसत �र6 तथ� व�द�गण �� र�ब� म6 �(ई ख�ल ख4दव�न� स� ब�ज व ममन* र'� तथ� ब�र� ज( दद . 25.11.02 त� चल र'� थ: , उस: अन4स�र व�द� �( �न: उ लब& �रव�� ज�व� ।

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27. उ र(क�न4स�र ड�क� रच� त)��र क�� ज�� ।

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sd/( लववन> सस!' ) ससववल न��&:श ( �तनष खण� ) श:ग!ग�नगर ( र�ज .)”

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The learned First Appellate Court had, however, reversed the findings of the learned Trial Court and remanded the matter back for consideration of the learned Trial Court by its judgment and decree dated 18.07.2014 , while accepting the appeal filed on behalf of the defendants in the following manner:-

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“-:: आद�श ::-

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फलसवर अ :ल�थD �� ' अ :ल सव:��र

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�� ज�त: ') तथ� ववद�न अ&:नसथ न��ल� द�र� �ररत अ :ल�&:न तनणG� एव! ड�क� कमश : ददन�!क�त 17.07.2006 व 19.07.2006 अ �सत क�� ज�त� '. । त�वल� ववद�न अ&:नसथ न��ल� �( इस तनदJश �� स�थ 4न : पततप�व-त �� ज�त: ') क� द(नK कK �� 4न : स4न�र और सस!च�ई ववभ�ग �� स4स!गत रर��G व �दद और स�क� �� आवश��त� '( त( उस� भ: तलब �र रर��G र सल�� ज��र 4न : ववध&वत स :क�! ग आ�Gर �ररत

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S.B. CIVIL SECOND APPEAL NO. 42/2015.

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Rajasthan State Agricultural Marketing Board Vs. M/s Deep Jyoti Company

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.. Judgment dated 13.03.2015

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4/6 �र6 क� आ�� Oनस� क �� क�स म4रबब� नमबर , क�ल� नमबर म6 ख�ल� ') और �Oनस� म4रबब� �� क�तन� र�ब� ') और उस� व�सतव म6 क�तन� �न: समल र'� ') और क�तन� �न: समलन� च�द'�� अथ�GतQ क�स क��र �( �म �न: समल र'� ') और क�स क��र �( ज��द� ।

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तनणG� �� सत� पतत �� स�थ ववद�न अ&:नसथ न��ल� �� असभल�ख अववलमब भ�ज� ज�व� ।

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The learned counsel Mr. Rajat Arora on behalf of Mr. Sanjeet Purohit appearing for the appellants-plaintiffs submitted that the learned First Appellate Court has given the perverse findings while reversing the findings of the learned Trial Court for remitting the matter back to the learned Trial Court. The learned counsel also submitted that the learned First Appellate Court has proceeded on irrelevant consideration, while dealing with the findings recorded by the learned Trial Court on each of the issues. Therefore, the learned counsel submitted that the substantial questions of law do arise for consideration by this Court in the present second appeal involving the dispute of water-turn between the parties.

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Per contra, the learned counsel Mr. C.S. Kotwani for the

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S.B. CIVIL SECOND APPEAL NO. 42/2015.

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Rajasthan State Agricultural Marketing Board Vs. M/s Deep Jyoti Company

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.. Judgment dated 13.03.2015

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respondents-defendants submitted that the present second appeal filed by the appellants-plaintiffs has no force and the same is liable to be dismissed. The learned counsel supported the judgment and decree passed by the learned First Appellate Court, by which, while setting aside the judgment of the learned Trial Court, the matter has been remanded back to the learned Trial Court. The learned counsel submitted that in the circumstances of the case, if the learned First Appellate Court considers it fit to remand the matter back to the Trial Court, that cannot give rise to any substantial question of law.

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Having heard the learned counsel for the appellantsplaintiffs-LRs of Gurcharan Singh & Ors. and upon perusal of the impugned judgments and decree of the both Courts below, this Court is satisfied that no substantial question of law arises for consideration by this Court in the present second appeal filed by the appellants-plaintiffs-LRs of Gurcharan Singh & Ors. In the circumstances of the case, the findings of facts arrived at by the First Appellate Court below, that the learned Trial Court had erred in appreciating and in evaluating the evidence regarding the present dispute involving allotment of water-turn for irrigating their agricultural fields, oral as well as documentary, led before it, and, cannot be said to be perverse, in any manner, and the said order does not give rise to any

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S.B. CIVIL SECOND APPEAL NO. 42/2015.

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Rajasthan State Agricultural Marketing Board Vs. M/s Deep Jyoti Company

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.. Judgment dated 13.03.2015

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substantial question of law in this second appeal and this second appeal of the appellants-plaintiffs-LRs of GurcharanSingh & Ors. deserves to be dismissed being devoid of any merit.

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Upon perusal of the judgment under challenge, it is also noticed that since the appellants-plaintiffs have exhausted all the remedies available with them regarding the dispute of water-turn before the Irrigation Authorities and since the matter has been remanded by the learned First Appellate Court to the Trial Court to consider the relevant aspects of the matter, this Court does not find any substantial question of law arises for consideration in the present second appeal filed by the appellants-plaintiffs and, therefore, the present second appeal deserves to be dismissed.

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Accordingly and in view of the discussion foregoing, the present second appeal filed by the appellants-plaintiffs-LRs of Gurcharan Singh & Ors. is dismissed. No costs. A copy of this order be sent to both the Courts below and the parties concerned forthwith.

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(Dr. VINEET KOTHARI), J.

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/Mohan/

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Raj. State Agricultural Mar. Board and Anr. v. M/S Deep Jyoti Company

Case brief

What is this about?

What did the court decide?

Raj. State Agricultural Mar. Board and Anr. v. M/S Deep Jyoti Company

Case brief

What is this about?

What did the court decide?

What the court decided

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