The High Court of Rajasthan at Jodhpur dismissed a writ petition filed by heirs claiming ancestral property rights. The court held that the prima-facie case was not established and the temporary injunction applications were rightly dismissed by lower courts. No cause of interference was found.
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/014193]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 2021/2023
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Bharat Shrimali For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/05/2023
(2 of 2)
[2023/RJJD/014193]
[CW-2021/2023]
Nyayalaya, Girva, District Udaipur in case no.88/2019 may kindly quashed and set aside."
Learned counsel for the petitioner submits that the property for which, the suit has been filed, is an ancestral property.
It is on record that the petitioner has no title whatsoever with regard to the land in question.
The prima-facie case has not been made out and two consecutive courts have rightly dismissed the temporary injunction application, thus, no cause of interference is made out.
Consequently, the present writ petition is dismissed. All pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
52-Sudheer/-
2 issues framed by the court
Whether the writ petition ought to be allowed in the preliminary examination stage.
If prima-facie right is not established, whether interference with the impugned order is warranted.
Smt. Mohan Bai W/o Late Shri Fatehlal Ji Meghwal
Narayan S/o Late Shri Fatehlal Ji Meghwal
Smt. Bhuri Bai W/o Udailal Ji Meghwal
Shri Kishan Lal S/o Udailal Ji Meghwal
Shri Satish Sharma S/o Dharmchand Ji Sharma
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
