Allowed

Laxmi Narain Sharma v. Nagar Nigam Jaipur Thr Mayor and Anr.

Rajasthan HC10 Apr 2019CMA/1277/2018

Case brief

AI extract

What is this about?

The High Court disposed of an appeal challenging a partly allowed interim injunction application. The court held that the parties had amicably settled their dispute regarding land ownership and usage before mediation, necessitating the appeal to be allowed based on the settlement terms.

What did the court decide?

Appeal allowed; application for temporary injunction stands allowed in view of amicable settlement.

Laxmi Narain Sharma Vs Nagar Nigam Jaipur Thr Mayor and… — Property and Title | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Miscellaneous Appeal No. 1277/2018

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Laxmi Narain Sharma, S/o Late Shri Kishan Lal Ji Sharma, aged about 60 years, B/c Brahman, R/o D-12, Amba Badi, Jaipur Rajasthan.

¶4

Pyarelal Jat S/o Shri Lakshman Ram age 47 years, R/o 20/69, Kaveri Path, Mansarovar, Jaipur.

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----Appellants

¶6

Versus

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Nagar Nigam Jaipur Thorugh Mayor, Deen Dayal, Upadhayay Bhawan, Lal Kothi, Tonk Road, Jaipur Raj.

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Jaipur Development Authority Through Secretary, Indra Circle, Jawahar Lal Nehru Marg, Jaipur Rajasthan.

¶9

----Respondents

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For Appellant(s) : Mr. Sudesh Bansal Adv. For Respondent No.1 : Dr. P.C. Jain Adv. For Respondent No.2 : Ms. Archana Adv. on behalf of Mr. Anil Mehta, AAG

¶11

HON'BLE MRS. JUSTICE SABINA

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Judgment / Order

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10/04/2019

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Appellants have filed this appeal challenging the order dated 21.02.2018, whereby, application moved by the appellant No.1 under Order 39 Rule 1 and 2 read with Section 151 Code of Civil Procedure, 1908, was only partly allowed.

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Vide order dated 01.03.2019, the case was sent to mediation and conciliation center.

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Learned counsel for the appellants and respondent No.2 have submitted that the parties have amicably settled their dispute before the mediation and conciliation center. No relief was claimed against respondent No.1. Learned counsel for the appellants and

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(2 of 3)

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[CMA-1277/2018]

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respondent No.1 have further submitted that this appeal is liable to be allowed in view of amicable settlement arrived between the parties before mediation and conciliation center.

¶20

The relevant portion of the mediation settlement reads as

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under:-

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"The Respondent No.2 JDA is having the ownership rights over the land in dispute and both parties are agreed that the land in dispute will be used only as open lan/field/footpath and pathway and as such, in future it will not be converted as for the purpose of commercial use.

¶23

In view of aforesaid decision taken by the JDA, Appellants-Plaintiff has agreed that their Civil Suit No.(141/2007) 2126/2014 titled as Laxmi Narain Sharma Vs. Nagar Nigam Jaipur & Others pending before the Court of Additional District Judge No.2, Jaipur Metropolitan and the appeal S.B. C.M.A. No.1277/2018 titled as Laxmi Narain Sharma Vs. Nagar Nigam Jaipur and Others arising out of application for temporary injunction, may be allowed and disposed off accordingly. The JDA has no objection, in view of their decision.

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Accordingly, in view of the mutual consents between the parties about the land in dispute, in aforesaid manner, the mediation is successful.

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Both parties agrred that the Civil Suit No. (141/2007) 2126/2014 titled as Laxmi Narain Sharma Vs. Nagar Nigam Jaipur and Others pending before the Court of Additional District Judge No.2, Jaipur Metropolitan and the appeal S.B. C.M.A. No.1277/2018 titled as Laxmi Narain Sharma Vs. Nagar Nigam Jaipur and Others arising out of application for temporary injunction, may be decided in view of the present mediation settlement dated 29.03.2019. The decision/letter of JDA dated

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(3 of 3)

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[CMA-1277/2018]

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29.03.2019 is part and parcel of this mediation settlement.

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In the facts and circumstances mentioned above appellant and respondents mutually arrived at on the settlement and have signed this mediation settlement. The copy of the same may be forwarded before Hon'ble High Court further passing appropriate orders."

¶30

Accordingly, this appeal is disposed of in terms of amicable settlement arrived between the parties before the mediation and conciliation center. Consequently, the application moved by the plaintiff for Temporary Injunction stands allowed.

¶31

(SABINA)J.

¶32

S.Kumawat-11

Laxmi Narain Sharma v. Nagar Nigam Jaipur Thr Mayor and Anr.

Case brief

What is this about?

What did the court decide?

Laxmi Narain Sharma v. Nagar Nigam Jaipur Thr Mayor and Anr.

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

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