Dismissed

Gurjeet Singh v. Gram Panchayat 3 Str

Rajasthan HC23 Aug 2023CSA/85/2021

Case brief

AI extract

What is this about?

In this second appeal, the High Court of Judicature for Rajasthan at Jodhpur, via Justice Rekha Borana, dismissed the appeal on the ground that the appellants were entitled to assail the compromise decree only by filing a regular civil suit, which they subsequently did. The dismissal does not affect the merits of that suit.

What did the court decide?

The second appeal was dismissed. Stay petitions and pending applications stood disposed of without affecting the merits of the regular suit filed by appellants.

Gurjeet Singh Vs Gram Panchayat 3 Str — Partition | Rajasthan HC (2023)

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[2023:RJ-JD:26692]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Second Appeal No. 85/2021

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Gurjeet Singh S/o Ajmer Singh, Aged About 38 Years, 7 P, Tehsil Anoopgarh, Dis. Shri Ganganagar

¶5

Amreek Singh S/o Pal Singh, Aged About 35 Years, Nayi Mandi Gharsana, Tehsil Gharsana, Dis. Shri Ganganagar

¶6

Bharatbhushan S/o Kashmiri Lal, Aged About 45 Years, Rawala Mandi, Tehsil Rawla, Dis. Shri Ganganagar

¶7

Ugersen S/o Khayaliram, Aged About 45 Years, Nayi Mandi Gharsana, Tehsil Gharsana, Dis. Shri Ganganagar ----Appellants

¶8

Versus

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Gram Panchayat 3 Str, Panchayat Samiti Gharsana, Dis. Shri Ganganagar Through Its Sarpanch

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Nathuram S/o Parmaram, Ward No. 19, Nayi Mandi Gharsana, Tehsil Gharsana, Dis. Shri Ganganagar

¶11

----Respondents

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For Appellant(s)	: Mr.	Rakesh Kumar Chotia
For Respondent(s)	: Mr.	N.R. Budania

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HON'BLE MS. JUSTICE REKHA BORANA

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Judgment

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23/08/2023

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The present second appeal has been preferred against the order dated 07.07.2021 passed by learned Additional District Judge, Gharsana, Sri Ganganagar whereby the first appeal as preferred by the appellants had been dismissed. The present appeal was admitted on 28.07.2021 and on the said date, while framing the substantial questions of law, the execution of decree dated 06.04.2021 passed in Civil Original Suit No.21/20 was directed to be stayed and status quo regarding the land in question was also directed to be maintained.

[2023:RJ-JD:26692]

[CSA-85/2021]

(2 of 3)

An application under Section 151 of the Code of Civil Procedure has been preferred on behalf of respondent No.2 with a submission that the appeal of the appellants was dismissed by the Court below with an observation that the appellants could have assailed the judgment and decree dated 06.04.2021 before a competent court by way of a regular suit. In pursuance to the said finding/observation of the Court, a regular civil suit has already been preferred by the appellants. Further, the said fact of the suit having already been filed has not even been stated in the present appeal. It has therefore been prayed that the suit assailing the same impugned judgment and decree having already been filed by the plaintiffs, the present second appeal cannot survive for the same cause.

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Learned counsel for the appellants submitted that the fact of the suit having already been filed by the appellants was not within his knowledge at the time of filing the present appeal.

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It is clear on record that the impugned judgment and decree dated 06.04.2021, which was a compromise decree, was assailed by the present appellants vide a leave to appeal. The Court below proceeded on to decide the same as an appeal with the specific finding that the appellants were not entitled to assail the impugned judgment and decree by way of an appeal and the remedy, if any, was to prefer a regular civil suit. In view of the said finding, admittedly, a suit has already been filed by the appellants. The present appeal therefore, cannot survive and the same is hereby, dismissed .

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(3 of 3) [CSA-85/2021]

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[2023:RJ-JD:26692]

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It is however, made clear that the dismissal of the present appeal shall not in any manner affect the merits of the suit as preferred by the appellants.

¶26

Stay petition and all pending applications, if any, stand disposed of.

¶27

(REKHA BORANA),J

¶28

106-KashishS/-

Gurjeet Singh v. Gram Panchayat 3 Str

Case brief

What is this about?

What did the court decide?

Gurjeet Singh v. Gram Panchayat 3 Str

Case brief

What is this about?

What did the court decide?

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Statutes considered

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