Dismissed

Mahavir Singh and Another v. U O I through N/C Railway Allahabad and or

Rajasthan HC17 Nov 2022CSA/328/2016

Case brief

AI extract

What is this about?

In a second appeal filed under Section 100 CPC, the Rajasthan High Court dismissed the appeal. The court noted the appellants did not appear and had lost interest in pursuing the matter, leading to the disposal of the appeal based on the first appellate court's findings.

What did the court decide?

The second appeal was dismissed; record of courts below sent back; pending applications disposed of.

Mahavir Singh and Another Vs U O I through N/C Railway… — Property and Title | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No.328/2016

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Mahavir Singh son of Shri Ninnu Singh, resident of village Dhana Tehsil Roopbas District Bharatpur.

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Ninnu Singh son of Shri Gajadhar Singh, resident of village Dhana Tehsil Roopbas District Bharatpur.

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----Appellants-Plaintiffs

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Versus

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Union of India through—

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General Manager, North Central Railway, Allahabad (UP).

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Divisional Rail Manager, North Central Railway, Agra Cantt. (UP)

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Assistant Engineer, North Central Railway, Idgah, Agra (UP). 4. I.W. Engineering Department, North Central Railway, Idgah, Agra (UP).

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Rail Track Inspector, North Central Railway, Fatehpur Sikri, Agra (UP).

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----Respondents-Defendants

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For Appellant(s) : None present For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Judgment

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17/11/2022

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None appears on behalf of appellants-plaintiffs.

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Appellants-plaintiffs have preferred this civil second appeal under Section 100 CPC assailing the judgment and decree dated 29.07.2016 passed in Civil Appeal No.6/2013 by the Court of Additional Sessions Judge No.2, Bayana District Bharatpur whereby and whereunder their civil suit for permanent injunction has been dismissed and the judgment and decree dated

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(2 of 2)

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[CSA-328/2016]

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20.11.2012 passed in Civil Suit No.81/2006 by the Court of Civil Judge (Jr. Division) Roopbas District Bharatpur has been set aside. 3. It appears from record that appellants-plaintiffs sought permanent injunction claiming a way through land of Khasra No.1049 alleging the land to be of their ownership and possession but their claim was resisted by the Railway. However, the first appellate court observed that plaintiffs in the guise of claiming injunction on Khasra No.1049, want to claim right of way on the land of Khasra No.1062 which is the land of Railway Department.

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As per evidence on record, the land of Khasra No.1062 is recorded in the name of Railway Department and there is no way/public way through that land. First appellate court observed that there is no evidence on record that Railway Department ever made any encroachment over the land of Khasra No.1049, therefore, no cause of action to plaintiffs in respect of Khasra No.1049 found to be occurred and as such their civil suit has been dismissed and the decree dated 20.11.2012 has been set aside.

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No one has pursued this second appeal since long. 6. It appears that appellant has lost interest in pursuing the appeal on merits. Considering the nature of dispute and fact findings of the first appellate court, as also taking note of nonpersuasion of second appeal by appellants, the second appeal is dismissed.

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Record of both courts below be sent back.

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All pending application(s), if any, stand(s) disposed of.

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(SUDESH BANSAL),J

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SAURABH/77

Mahavir Singh and Another v. U O I through N/C Railway Allahabad and or

Case brief

What is this about?

What did the court decide?

Mahavir Singh and Another v. U O I through N/C Railway Allahabad and or

Case brief

What is this about?

What did the court decide?

What the court decided

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