Dismissed

Bhagwati Prasad S/O Shri Hajarilal v. Senior Assistant Engineer

Rajasthan HC17 Aug 2022CSA/211/2022

Case brief

AI extract

What is this about?

The High Court dismissed the second appeal as withdrawn. The appellants sought a fresh suit for declaration regarding a path over agricultural land used for 13 years. The court noted that facts found by lower courts showed the land was left with consent, but allowed withdrawal with liberty to sue.

What did the court decide?

Second appeal dismissed as withdrawn; liberty granted to file fresh suit for declaration.

Bhagwati Prasad S/O Shri Hajarilal Vs Senior Assistant… — Property and Title | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Second Appeal No. 211/2022

¶3

Bhagwati Prasad S/o Shri Hajarilal, R/o Lahdi Ka Bas, Th. Ramgarh Pachwara, Distt. Dausa (Raj.).

¶4

Motilal S/o Shri Hajarilal, R/o Lahdi Ka Bas, Th. Ramgadh Pachwara, Distt. Dausa (Raj.).

¶5

Narayan S/o Shri Hajarilal, R/o Lahdi Ka Bas, Th. Ramgadh Pachwara, Distt. Dausa (Raj.).

¶6

Prakash S/o Shri Hajarilal, R/o Lahdi Ka Bas, Th. Ramgadh Pachwara, Distt. Dausa (Raj.).

¶7

Kailash S/o Shri Hajarilal, R/o Lahdi Ka Bas, Th. Ramgadh Pachwara, Distt. Dausa (Raj.).

¶8

Kamla Devi W/o Late Shri Hajarilal, R/o Lahdi Ka Bas, Th. Ramgadh Pachwara, Distt. Dausa (Raj.).

¶9

----Appellants-Plaintiffs

¶10

Versus

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Senior Assistant Engineer, Public Works Department, Lalsot, Distt. Dausa.

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Junior Assistant Engineer, Public Works Department, Lalsot, Distt. Dausa.

¶13

Tehsildar, Ramgadh Pachwara, Distt. Dausa Raj.

¶14

Ramawtar S/o Baluram, R/o Lahdi Ka Bas, Th. Ramgadh Pachwara, Distt. Dausa (Raj.).

¶15

----Respondents-defendants

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For Appellant(s) : Mr. Prem Shanker Sharma Mr. Jitendra Sharma For Respondent(s) : Mr. Deependra Singh Hada

¶17

HON'BLE MR. JUSTICE SUDESH BANSAL

¶18

Order

¶19

17/08/2022

¶20

Appellants-plaintiffs have preferred this second appeal under Section 100 of Civil Procedure Code, assailing the judgment and

¶21

(2 of 2)

¶22

[CSA-211/2022]

¶23

decree dated 20.7.2022 passed by Additional District Judge Lalsot, District Dausa in Civil Appeal No.5/2021, affirming the judgment and decree dated 26.8.2021 passed by Civil Judge Lalsot, District Dausa in Civil Suit No.88/2018 whereby civil suit for permanent injunction filed by appellants-plaintiffs, has been dismissed.

¶24

Counsel for appellants submits that the way in question is not a recorded way in the revenue record and if people used some portion of agricultural lands of appellants as way, same may not be treated as declared way. 3. It appears that appellants instituted a simpliciter suit for permanent injunction wherein Courts have recorded fact findings that land of way was left by appellants with consent and over which a gravel road has already been constructed and same is being used since 13 years. However, counsel for appellants submits that appeal may be allowed to be withdrawn with liberty to file a fresh suit for declaration.

¶25

Having considered the fact finding of both Courts below, without interfering with the judgment and decree, the second appeal is dismissed as withdrawn.

¶26

If any remedy for filing a civil suit for declaration is available to appellants in law, they are free to avail such remedy.

¶27

(SUDESH BANSAL),J

¶28

NITIN /22

Bhagwati Prasad S/O Shri Hajarilal v. Senior Assistant Engineer

Case brief

What is this about?

What did the court decide?

Bhagwati Prasad S/O Shri Hajarilal v. Senior Assistant Engineer

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

Coram

Case details

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