High Court dismissed the second appeal, upholding the trial and appellate courts' findings that the suit for cancellation of patta was not maintainable due to non-impleadment of Gram Panchayat, lack of proof of procedural violation, and unreasonable delay. The appeal was held devoid of merit.
Stay petition and pending applications dismissed; second appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/011775]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Second Appeal No. 31/2019
Vijayraj S/o Late Shri Bastiram, Aged About 45 Years, B/c Rao, R/o Degana Village, Tehsil Degana, District Nagaur (Rajasthan)
----Appellant
Versus
For Appellant(s) : Mr. Dev Krishna Gaur For Respondent(s) : Mr. Trilok Joshi
HON'BLE MS. JUSTICE REKHA BORANA
Order
25/04/2023
[2023/RJJD/011775]
[CSA-31/2019]
(2 of 3)
dismissed and the judgment and decree dated 08.12.2015 passed by the Senior Civil Judge, Degana, District Nagaur in Civil Suit No.9/2000 dismissing the suit for cancellation of patta and permanent injunction had been affirmed.
[2023/RJJD/011775]
[CSA-31/2019]
(3 of 3)
the fact of the patta having been issued by the Gram Panchayat in favour of the defendants had come to the knowledge of the plaintiff way back in the year 1985-86, the present suit for cancellation of patta had been preferred in the year 2000 without any plausible cause for the said delay.
(REKHA BORANA),J
65-Sachin/-
2 issues framed by the court
Whether the second appeal against the affirmation of the dismissal of the suit for cancellation of patta and permanent injunction merits interference.
Whether the lack of impleadment of Gram Panchayat and delay in filing suit are fatal to the appellant's claim.
Vijayraj S/o Late Shri Bastiram
Ratanlal S/o Late Shri Shanker Lal
Ummedram S/o Late Shri Shanker Lal
Chenaram S/o Sahdev
Dalaram S/o Late Shri Bastiram
Kama D/o Late Shri Bastiram
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
