Disposed

Gram Panchayat Gangana v. Prema Ram

Rajasthan HC11 Jan 2023CMA/2111/2022

Case brief

AI extract

What is this about?

The High Court disposed of connected appeals against orders refusing an application under Order XXXIX Rule 4 CPC. The court set aside an ad interim order dated 07.10.2022 passed by the trial court, observing that the counsel for Defendant No.5 was not heard before it was made.

What did the court decide?

The order dated 07.10.2022 setting up status quo was set aside because counsel for Defendant No.5 was not heard.

Gram Panchayat Gangana Vs Prema Ram — Civil Procedure and Limitation | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Misc. Appeal No. 2111/2022

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Gram Panchayat Gangana, Panchayat Samiti Luni through its Sarpanch Gram Panchayat Gangana, Panchayat Samiti, Luni, Village Gangana, Tehsil Luni, Dist. Jodhpur. (Rajasthan)

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----Appellant

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Versus

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Prema Ram S/o Late Lal Ramji, R/o Village Gangana, Tehsil Luni, District Jodhpur.

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Jera Ram S/o Late Panna Ram Ji, R/o Village Gangana, Tehsil Luni, District Jodhpur.

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Tila Ram S/o Late Joga Ram Ji, R/o Village Gangana, Tehsil Luni, District Jodhpur.

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Anna Ram S/o Late Basti Ram Ji, R/o Village Gangana, Tehsil Luni, District Jodhpur.

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Bhiyan Ram S/o Late Durga Ram Ji, R/o Village Gangana, Tehsil Luni, District Jodhpur.

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Hansa Ram S/o Late Ruga Ram @ Raghunath Ram, R/o Village Gangana, Tehsil Luni, District Jodhpur.

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Mangla Ram S/o Late Kumbaram Ji, R/o Village Gangana, Tehsil Luni, District Jodhpur.

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Rama Ram S/o Late Tulsi Ram @ Tulcha Ram Ji, R/o Village Gangana, Tehsil Luni, District Jodhpur.

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----Respondents

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Connected With

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S.B. Civil Misc. Appeal No. 2112/2022

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Gram Panchayat Gangana, Panchayat Samiti Luni through its Sarpanch Gram Panchayat Gangana, Panchayat Samiti, Luni, Village Gangana, Tehsil Luni, Dist. Jodhpur. (Rajasthan)

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----Appellant

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Versus

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Prema Ram S/o Late Lal Ramji, R/o Village Gangana, Tehsil Luni, Dist. Jodhpur.

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Jera Ram S/o Late Panna Ram Ji, R/o Village Gangana, Tehsil Luni, Dist. Jodhpur.

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Tila Ram S/o Late Joga Ram Ji, R/o Village Gangana, Tehsil Luni, Dist. Jodhpur.

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Anna Ram S/o Late Basti Ram Ji, R/o Village Gangana, Tehsil Luni, Dist. Jodhpur.

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Bhiyan Ram S/o Late Durga Ram Ji, R/o Village Gangana, Tehsil Luni, Dist. Jodhpur.

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Hansa Ram S/o Late Ruga Ram @ Raghunath Ram, R/o Village Gangana, Tehsil Luni, Dist. Jodhpur.

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Dhala Ram S/o Late Kumbaram Ji, R/o Village Gangana, Tehsil Luni, Dist. Jodhpur.

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(2 of 3)

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[CMA-2111/2022]

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Rama Ram S/o Late Tulsi Ram @ Tulcha Ram Ji, R/o Village Gangana, Tehsil Luni, Dist. Jodhpur.

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----Respondents

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For Appellant(s) : Mr. Moti Singh For Respondent(s) : Mr. Natha Ram Choudhary

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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11/01/2023

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The present two appeals have been filed against the order dated 07.10.2022 and 15.10.2022 respectively.

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Vide order dated 07.10.2022, an ad interim order was passed by the learned trial Court to the effect that the status quo regarding the disputed property be maintained till the next date. While passing the said order, it has been observed that counsel for the defendant No.5 appeared before the Court and objected to the grant of the ad interim stay. After the order dated 07.10.2022 being passed, an application under Order XXXIX Rule 4, CPC was preferred on behalf of defendant No.5 with the submission that the fact stated in the order dated 07.10.2022 regarding the presence of counsel for defendant No.5 is incorrect. It was further averred in the application that the counsel was not present at that time in the Court and the Court had wrongly marked his presence as well as wrongly recorded the fact that he objected to the grant of ad interim order whereas the counsel was not heard before passing of the order dated 07.10.2022.

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Vide order dated 15.10.2022, the application under Order XXXIX Rule 4, CPC was rejected by the Court with a finding that the order dated 07.10.2022 is appealable and the same cannot be

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(3 of 3)

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[CMA-2111/2022]

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modified by the Court. However, in the order dated 15.10.2022 it has specifically been observed that counsel for defendant No.5 was not heard before passing of the order dated 07.10.2022.

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Heard learned counsel for the parties and perused the material available on record.

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A perusal of the ad interim order dated 07.10.2022 shows that vide the same, only the status quo regarding the property in dispute has been directed to be maintained. No other order affecting the rights of any of the parties had been directed by the Court below. However, as it is an admitted fact that counsel for defendant No.5 was not heard before passing of the said order, the order dated 07.10.2022 is set aside.

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Learned counsel for the respondent submitted that the next date fixed before the trial Court is 12.01.2023 i.e. tomorrow for hearing on the application under Order XXXIX Rules 1 & 2, CPC. Both the parties would remain present before the court tomorrow and would ensure the hearing on the application under Order XXXIX Rules 1 & 2, CPC. It is made clear that if any of the parties does not remain present and does not argue on the application for temporary injunction, the trial Court would be at liberty to pass fresh and appropriate ad interim order.

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With the above observations, the present appeals are disposed of .

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Stay petitions also stand disposed of.

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(REKHA BORANA),J

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15 & 16-Dharmendra/-

Gram Panchayat Gangana v. Prema Ram

Case brief

What is this about?

What did the court decide?

Gram Panchayat Gangana v. Prema Ram

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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Gram Panchayat Gangana Vs Prema Ram