High Court dismissed writ petition under Article 227 finding no illegality in trial court declining to delete issue No.1 relating to plaintiff's title inquiry. Court held injunction suit permits such incidental inquiry.
Writ petition dismissed as bereft of merits; stay application disposed of.
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.
[2024:RJ-JP:37158]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14220/2024
----Petitioners-Defendants
Versus
----Respondents
For Petitioner(s) : Mr. Vinod Kumar Singhal Mr. Vijay Pathak For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
04/09/2024
(2 of 2)
[2024:RJ-JP:37158]
[CW-14220/2024]
(SUDESH BANSAL),J
SOURAV /49
2 issues framed by the court
Whether there is any illegality or jurisdictional error in the trial court declining to delete issue No.1 regarding inquiry of title of plaintiffs.
Whether an incidental inquiry of ownership of plaintiffs over the property is permissible in a civil suit for permanent injunction.
3 provisions across 2 enactments
Roop Singh and others
Nagarpalika Hindaun and others
Sudesheel Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
