Partly allowed

Nitin Rela Son of Shri Kailash Rela v. Shyamsundar Son of Shri Mohan Lal Sharma

Rajasthan HC12 Jan 2022CR/9/2022

Case brief

AI extract

What is this about?

Revision petition challenging the rejection of an application under Order VII Rule 11 read with Section 151 CPC. The High Court directed the Trial Court to frame a preliminary issue on the raised legal objections and decide it first, without being influenced by its earlier order.

What did the court decide?

The revision petition and stay application are disposed of; the Trial Court is directed to frame a preliminary issue on the legal objection and decide it first.

Nitin Rela Son of Shri Kailash Rela Vs Shyamsundar Son… — Property and Title | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Revision Petition No. 9/2022

¶3

Nitin Rela Son Of Shri Kailash Rela, Aged About 36 Years, 2. Gaurav Rela Son Of Shri Kailash Rela, Aged About 34 Years,

¶4

Both R/o Near Purane Aspatal Ghasmandi Dausa At Present Working As Rela Mobile Point In Front Of Poonam Takij, Lalsot Road, Dausa.

¶5

----Petitioners/Defendants

¶6

Versus

¶7

Shyamsundar Son Of Shri Mohan Lal Sharma, R/o Amarnath Colony Behind Shyam Mandir Dausa.

¶8

Rakesh Saini Son Of Shri Babulal Saini, R/o Near State Weyar House Patel Nagar Colony, Dausa.

¶9

...Respondents/Plaintiffs

¶10

Nagar Parishad, Dausa Through Commissioner, Nagar Parishad, Dausa, District Dausa (Raj.)

¶11

State Of Rajasthan Through District Collector, Dausa

¶12

----Respondents/Defendants

¶13

For Petitioner(s) : Mr. Manoj Kumar Bhardwaj, Advocate (Through VC)

¶14

HON'BLE MR. JUSTICE PRAKASH GUPTA

¶15

Order

¶16

12/01/2022

¶17

This revision petition has been filed by the petitionersdefendants (hereinafter referred to as 'the defendants') against the order dated 10.12.2021 passed by Civil Judge & Judicial Magistrate, Dausa in Civil Suit No. 111/2021, whereby the application filed by the defendants under Order 7 Rule 11 reawith Section 151 CPC has been rejected.

¶18

(2 of 3)

¶19

[CR-9/2022]

¶20

The respondents-plaintiffs (for short, 'the plaintiffs') filed a suit for permanent and mandatory injunction against the defendants, wherein it was averred that in Kasba Dausa near the State Ware House on Jaipur-Agra road, there is a residential colony named Patel Nagar. For ingress and outgress of the said colony, there is a 10 ft. wide way from Jaipur-Agra Road. The defendants no. 1 and 2 are the owners of Plot Nos. F-322/1 and F- 322/2, which are situated in the aforesaid Patel Nagar Colony, Dausa. The defendants no. 1 and 2 encroached over 19 ft. land out of 75 ft. land in the southern side from the centre of main road of National Highway and raised unauthorized construction thereon. Likewise they have encroached over 1 1/2 ft way out of 10 ft. wide way in the western side leading towards Patel Nagar, due to which the public way has been obstructed.

¶21

The defendants filed an application under Order 7 Rule 11 readwith Section 151 CPC. The plaintiffs filed a reply to the said application. After hearing the arguments, the Trial Court vide its order dated 10.12.2021 rejected the application under Order 7 Rule 11 readwith Section 151 CPC.

¶22

Hence, the present revision petition has been filed.

¶23

After arguing the matter at some length, the only prayer made by learned counsel for the defendants is that the Trial Court be directed to frame a preliminary issue in respect of legal objection raised in the application under Order 7 Rule 11 readwith Section 151 CPC and to decide the same first before proceeding further in the matter.

¶24

In view of the above, if the defendants raise the same legal objection in their written statement, as has been raised in the application under Order 7 Rule 11 readwith Section 151 CPC,

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(3 of 3)

¶26

[CR-9/2022]

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in that case, the trial court is directed to frame a preliminary issue and decide the same first, without being influenced by its earlier order dated 10.12.2021.

¶28

The revision petition as also the stay application, both stand disposed of accordingly.

¶29

(PRAKASH GUPTA),J

¶30

DK/9

Nitin Rela Son of Shri Kailash Rela v. Shyamsundar Son of Shri Mohan Lal Sharma

Case brief

What is this about?

What did the court decide?

Nitin Rela Son of Shri Kailash Rela v. Shyamsundar Son of Shri Mohan Lal Sharma

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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