Dismissed

Mangi and Ors. v. Nanda and Ors.

Rajasthan HC2 Jan 2019CMA/2225/2017

Case brief

AI extract

What is this about?

The High Court dismissed an appeal against a trial court order rejecting an injunction application in a partition suit. No progress occurred in the appeal for years. The court directed the trial court to proceed with promptness.

What did the court decide?

The instant appeal is dismissed. The trial court is directed to proceed with the trial with promptitude and decide the suit at the earliest.

Mangi and Ors. Vs Nanda and Ors. — Partition | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Misc. Appeal No. 2225/2017

¶3

Mangi D/o Nanda, by Caste Jat,

¶4

Ratni D/o Nanda, by Caste Jat,

¶5

Devilal S/o Nanda, by Caste Jat,

¶6

Paras S/o Nanda, by Caste Jat,

¶7

Nandu Bai D/o Nanda, by Caste Jat, All Residents Of Bhawanipura, Tehsil Gangrar, District Chhitorgarh.

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----Appellants

¶9

Versus

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Nanda S/o Girdhari, by caste Jat, Resident Of Bhanwanipura, Tehsil Gangrar, District Chhitorgarh.

¶11

Devisingh S/o Dariyo Singh, by caste Ranawat, Resident Of Ranawato-Ki-Chowagari, Tehsil Gangrar, District Chhitorgarh.

¶12

Manju Devi D/o Ratanlal, by caste Mantri, Resident Of Devipura, Tehsil Shahpura, District Bhilwara.

¶13

Pusha Devi D/o Mangilal, by caste Somani, Resident Of Kapasan, District Chhitorgarh.

¶14

Additional District Collector Land Conversion Cum Competent Authority, Chhitorgarh.

¶15

National High Way Authority, through Project Director Chhitorgarh Village Rithola, for the Present 10-A Panchwati District Udaipur.

¶16

----Respondents

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For Appellant(s) : Mr. V.N. Kalla.

¶18

HON'BLE MR. JUSTICE P.K. LOHRA

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Order

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02/01/2019

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By the instant appeal under Order 43 Rule 1(r) CPC, the appellant-plaintiffs have challenged order dated 25^th May, 2017

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(2 of 2)

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[CMA-2225/2017]

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passed by Addl. District Judge No.1, Chittorgarh (for short, ‘learned trial Court’) rejecting their application under Order 39 Rule 1 & 2 CPC in a suit for partition and perpetual injunction.

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Instant appeal is pending before this Court since July 2017 and so far there is no material progress in the matter. Moreover, no interim relief has been granted to the appellants. The order impugned was passed way-back on 25^th of May, 2017 and therefore, by this time trial in the suit must have materially progressed.

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In view thereof, I do not feel inclined to interfere with the impugned order, however, with the expectation that learned trial Court shall proceed with trial of main suit with promptitude and decide the same at the earliest.

¶27

With the aforesaid observation, the instant appeal is, hereby, dismissed.

¶28

(P.K. LOHRA),J

¶29

5-a.asopa/-

Mangi and Ors. v. Nanda and Ors.

Case brief

What is this about?

What did the court decide?

Mangi and Ors. v. Nanda and Ors.

Case brief

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