Mohiddin S/O Late Bhure Khan Vs Salimuddin S/O Sirajuddin — Rajasthan HC (2025) — LawSathi Research

Mohiddin S/O Late Bhure Khan Vs Salimuddin S/O Sirajuddin — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both parties restrained from encroachment over the passage as available at the spot and shown in the photograph, on their undertakings not to encroach, construct or cause any obstruction thereon; decree to be drawn accordingly and the second appeal disposed of.

Issue for consideration

Whether the passage between the parties' properties is common and its width - claimed as 4 feet by the plaintiffs and 6 feet by the respondents - in the suit for declaration, cancellation of sale deed and permanent injunction.

Court's answer

The second appeal is disposed of in light of the statements made by counsel for the parties before the Court.

Ratio / Principle

On the basis of the parties' statement that they undertake not to encroach, construct or cause any obstruction on the passage, a decree is to be passed and the second appeal disposed of.

Key takeaways

The photographs of the passage were taken on record with the consent of counsel for the parties.obiter¶28
Miscellaneous application(s), if any, stand disposed of.ratio¶33

Detailed headnote1 paragraphs

Second appeal (S.B. Civil Second Appeal No. 202/2022) by the plaintiffs in a suit for declaration, cancellation of sale deed and permanent injunction concerning a passage between the parties' properties at Sikar, claimed as 4 feet wide by the plaintiffs and 6 feet by the respondents; the first appeal (civil regular appeal no. 76/2015) had been dismissed by the Additional District Judge no.4, Sikar, affirming the judgment and decree dated 28.10.2015 of the Civil Judge, Sikar. During arguments, photographs of the passage were taken on record with the consent of counsel for both sides, and counsel agreed that the dispute could be resolved if both parties were restrained from encroachment over the passage as available at the spot and shown in the photograph. On the parties' statements undertaking not to encroach, construct or cause any obstruction on the passage, the Court disposed of the second appeal and directed that a decree be drawn accordingly; miscellaneous applications, if any, stood disposed of.

[2025:RJ-JP:5808]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Second Appeal No. 202/2022

Mohiddin S/o Late Bhure Khan, Aged About 72 Years, R/o Ward No. 31, Mohalla Qureshiyan, Sikar, Tehsil And District Sikar.

Smt. Sayara Bano W/o Mohiddin, Aged About 70 Years, R/o Ward No. 31, Mohalla Qureshiyan, Sikar, Tehsil And District Sikar.

Jubeda D/o Mohiddin, Aged About 43 Years, R/o Ward No. 23, Mohalla Qureshiyan, Sikar, Tehsil And District Sikar Rajasthan.

----Appellants

Versus

Salimuddin S/o Sirajuddin, R/o Ward No. 31, Mohalla Qureshiyan, Sikar, Tehsil And District Sikar.

Mohsin Ali S/o Anwar Husain, R/o Ward No. 29, Near Fatma Masjid, Devipura Kothi, Sikar.

Jhabruddin S/o Bhure Khan Tagala, R/o Ward No. 31, Mohalla Qureshiyan, Sikar, Tehsil And District Sikar.

Mehmood S/o Jhabruddin, R/o Ward No. 31, Sikar, Tehsil And District Sikar Rajasthan.

Maqsood S/o Jhabruddin, R/o Ward No. 31, Sikar, Tehsil And District Sikar Rajasthan.

Farooq S/o Jhabruddin, R/o Ward No. 31, Sikar, Tehsil And District Sikar Rajasthan.

Arif S/o Jhabruddin, R/o Ward No. 31, Sikar, Tehsil And District Sikar Rajasthan.

Shahin S/o Jhabruddin, R/o Ward No. 31, Sikar, Tehsil And District Sikar Rajasthan.

----Respondents

For Appellant(s) : Mr. Vijay Kumar Jangid For Respondent(s) : Mr. Naveen Dhuwan Mr. Pradeep Bochaliya

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

10/02/2025

Instant second appeal is preferred by appellant plaintiff after dismissal of civil regular appeal no. 76/2015 by learned Additional District Judge no.4, Sikar affirming the judgment and decree

[2025:RJ-JP:5808]

[CSA-202/2022]

(2 of 2)

dated 28.10.2015 in civil suit no. 429/2014 (166/2012) passed by learned Civil Judge, Sikar.

During course of argument, learned counsel for appellant submits that the appellant plaintiff has filed a civil suit for declaration, cancellation of sale deed and permanent injunction about a common passage claimed by plaintiffs as 4 feet whereas by respondent as 6 feet. He further submitted that this passage is used by both the parties as common.

During course of argument, learned counsel for plainitff appellant has referred width of the passage and the photographs of passage and submitted that same is shown in photographs, therefore, the photographs are taken on record with consent of the counsel for the parties.

The counsel for the parties agreed that the dispute can be resolved if both the parties are restrained from encroachment over the passage as available at the spot and shown in photograph.

Learned counsels further submits that the parties undertake not to encroach/construct or cause any obstruction on this passage and on the basis of their statement a decree be passed and present second appeal is disposed of.

Having considered the submissions, the instant second appeal is disposed of in light of the statement made by the counsel for the parties before the Court.

Decree be drawn accordingly.

Misc. application, if any, stands disposed of.

(ASHOK KUMAR JAIN),J

CHETNA BEHRANI /18