Disposed

Narvar Singh S/O Shiv Singh v. Dhanraj S/O Dwarka Lal

Rajasthan HC1 Feb 2023SAW/492/2018

Case brief

AI extract

What is this about?

The D.B. Special Appeal Court disposed of an appeal arising from an interim order allowing respondents to harvest standing crops. The court held that the lower order was an interim arrangement to prevent waste and case was not finally heard, directing appellants to move for modification.

What did the court decide?

The appeal is disposed of with liberty to the appellants to move an appropriate application for modification of the order dated 14.03.2018.

Narvar Singh S/O Shiv Singh Vs Dhanraj S/O Dwarka Lal — Landlord and Tenant | Rajasthan HC (2023)

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[2023/RJJP/001122]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal (Writ) No. 492/2018

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S.B. Civil Writ Petition No.23386/2017.

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Narvar Singh S/o Shiv Singh Since deceased through his legal heirs:-

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1/1. Satender Singh Chandrawat S/o Late Shri Narvar Singh, Aged About 48 Years, Resident Of 50/49, Hari Nagar Colony, Jhalawar, Rajasthan

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1/2. Asha Jhala D/o Late Shri Narvar Singh, Aged About 52 Years, Resident Of Behind Nirmal School, Jhalawar, Rajasthan

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1/3. Nisha Chandrawat D/o Late Shri Narvar Singh, Aged About 40 Years, Resident Of Tilak Nagar, Jhalawar, Rajasthan

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1/4. Samaj Kanwar W/o Late Shri Narvar Singh, Resident Of 50/49, Hari Nagar Colony, Jhalawar, Rajasthan

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----Appellants

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Versus

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Dhanraj S/o Dwarka Lal

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Davendra S/o Dwarka Lal

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Banti Bai D/o Dwarka Lal

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Gehlod Widow of Dwarka Lal

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Mangi Lal S/o Kanhaiya Lal

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Madho Lal S/o Kanhaiya Lal (Expired on 27.04.2017 now represented by legal representatives: 6/1. Mordhwaj S/o Madholal

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6/2. Satyanarayan S/o Madholal

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6/3. Sitabai W/o Madholal.

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All R/o Ummedpura, Tehsil Khanpur, District Jhalawar.

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Hira Lal S/o Kanhaiya Lal

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Bhanwar Lal S/o Gopal, (Expired On 24.01.2016) Now Represented By Legal Representatives: 8/1. Sitaram S/o Bhanwarlal

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8/2. Kanyanbai D/o Bhanwarlal

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Kajori Lal S/o Gopal

(2 of 3)

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[SAW-492/2018]

Ratanlal S/o Gopal

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All R/o Ummedpura, Tehsil Khanpur, District Jhalawar.

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----Respondents

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For Appellant(s)	: Mr. Ajay Singh Poonia Advocate.
For Respondent(s)	: Ms. Abhilasha Vaishnav Advocate with
	Mr. Pratyush Sharma Advocate on
	behalf of Mr. Anil Mehta, Additional
	Advocate General.

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HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE GANESH RAM MEENA

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Judgment

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01/02/2023

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This appeal arises out of an interim order dated 14.03.2018 by which the learned Single Judge allowed the respondents-writpetitioners to harvest the crops, which were standing at that time.

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Learned counsel for the appellants would submit that the appellants were having possession of the property and initially the learned Single Judge granted status quo on 10.01.2018 and, thereafter another stay application was filed on which the learned Single Judge allowed the respondents-writ-petitioners to harvest the crops whereas, the possession of the property is with the appellant. Therefore, the order virtually allows the other party to enjoy fruits of the property by dispossessing the appellants from the property.

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Learned counsel for the respondents would submit that the Court had made only an interim arrangement and the interim arrangement is not final adjudication on merits of the case. The order was passed to take care of standing crops which would have

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gone waste if none of the parties would have been allowed to harvest the crop.

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We find that the interim order was passed on 14.03.2018 and the case was directed to be listed on 23.04.2018.

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Apparently, the interim order was only to ensure that the standing crops do not go waste and are harvested. The interim order, thereafter, has continued and case has not been heard finally. The appellants may move appropriate application for modification of the order with regard to the harvesting of crop on the basis that the records of the case are in their favour insofar as possession is concerned.

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With liberty to seek modification of order dated 14.03.2018 in pending writ petition, the appeal is disposed off.

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(GANESH RAM MEENA),J

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(MANINDRA MOHAN SHRIVASTAVA),J

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SANJAY KUMAWAT-23

Narvar Singh S/O Shiv Singh v. Dhanraj S/O Dwarka Lal

Case brief

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Narvar Singh S/O Shiv Singh v. Dhanraj S/O Dwarka Lal

Case brief

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