Dismissed

Tribhuwan Meena S/O Shri Nathulal Meena v. M/S Leonard Minerals and Exim Pvt. Ltd.

Rajasthan HC3 Aug 2021CW/4113/2021

Case brief

AI extract

What is this about?

Petitioner challenged an injunction granted against them by the Additional District & Sessions Judge. The High Court found the underlying sale deed void ab initio due to fraud by sellers against Mining Department stakeholders. The writ petition was dismissed as devoid of merits with no interference warranted.

What did the court decide?

Writ petition dismissed; no interference with the impugned order granting injunction.

Tribhuwan Meena S/O Shri Nathulal Meena Vs M/S Leonard… — Property and Title | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 4113/2021

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Tribhuwan Meena S/o Shri Nathulal Meena, Aged About 28 Years, Resident Of Near Mahadev Temple, New Colony, Bundi, Tehsil And District Bundi (Rajasthan).

¶4

----Petitioner

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Versus

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M/s Leonard Minerals And Exim Pvt. Ltd., 03, Main Sector, Shastri Nagar, Bhilwara (Rajasthan) Through Its Director Shri Rajesh Ladhdha S/o Shri Sohan Lal, Resident Of 03, Main Sector, Shastri Nagar, Bhilwara (Rajasthan).

¶7

Shankar Lal Son Of Late Shri Ogadiya, Resident Of Village Bhawanipura, Sub-Tehsil Dabi, Presently Resident Of Village Laicha, Tehsil And District Bundi (Rajasthan).

¶8

Hangami Bai, Wife Of Late Shri Ogadiya, Aged About 80 Years, Resident Of Village Bhawanipura, Sub-Tehsil Dabi, Presently Resident Of Village Laicha, Tehsil And District Bundi (Rajasthan).

¶9

Manabai Daughter Of Late Shri Ogadiya, Wife Of Shri Durgalal, Resident Of Village Bhawanipura, Sub-Tehsil Dabi, Presently Resident Of Village Ganeshpura, Tehsil And District Bundi (Rajasthan).

¶10

State Of Rajasthan, Through Mining Engineer, Division-Ii, Bundi, District Bundi (Rajasthan).

¶11

----Respondents

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For Petitioner(s) : Mr. Mahendra Singh Kachhawa For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

¶14

Judgment / Order

¶15

03/08/2021

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Petitioner has preferred this writ petition assailing the order passed under order 39 Rule 1 & 2 CPC by the learned Additional District & Sessions Judge No.2, Bundi dated 02.02.2021, whereby

¶17

(2 of 2) [CW-4113/2021]

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injunction has been granted as against the petitioner and others. Learned counsel submits that the petitioner was a bona fide

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purchaser of the land from respondent Nos.2, 3 & 4.

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However, this Court finds that the learned Additional District Judge has reached to a finding prima facie after the consent was received from the concerned land owners, the land was stuck with the Mining Department and could not be treated as a revenue land and knowing fully well about this fact, the respondent Nos.2, 3 & 4 fraudulently made sale deed in favour of the petitioner and the basis of the petitioner of claiming the land is therefore void ab initio .

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This Court finds that the findings arrived at by the learned Additional District Judge different in order and no interference is warranted. The writ petition is devoid of merits and the same is accordingly dismissed.

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(SANJEEV PRAKASH SHARMA),J

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SAURABH YADAV /670/4

Tribhuwan Meena S/O Shri Nathulal Meena v. M/S Leonard Minerals and Exim Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Tribhuwan Meena S/O Shri Nathulal Meena v. M/S Leonard Minerals and Exim Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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