Rajasthan High Court - Jaipur
Meena Kanwar vs Raj Kishore And Others on 19 September, 2011
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. J U D G M E N T 1) S.B. CIVIL MISC.APPEAL NO.962/2010. Meenu Kanwar Vs. Shri Raj Kishore & Ors. 2) S.B. CIVIL MISC.APPEAL NO.1493/2010. Radheyshyam Morya Vs. Shri Raj Kishore & Ors. 3) S.B. CIVIL MISC.APPEAL NO.959/2010. Manju Kanwar Vs. Shri Raj Kishore & Ors. 4) S.B. CIVIL MISC.APPEAL NO.960/2010. Anoop Singh Vs. Shri Raj Kishore & Ors. 5) S.B. CIVIL MISC.APPEAL NO.603/2010. Dilip Sharma Vs. Shri Raj Kishore & Ors. 6) S.B. CIVIL MISC.APPEAL NO.963/2010. Luna Ram Sharma Vs. Shri Raj Kishore & Ors. Date of Order :- September 19, 2011. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Amit Jindal for the appellants. BY THE COURT:-
The impugned order dated 8/1/2010 passed by the learned Additional District Judge No.3, Jaipur City, Jaipur in appeal filed by the defendant respondents is merely an order of remand of the matter to the learned Additional Civil Judge (Junior Division) West, Jaipur City, Jaipur. The order has been passed on the basis of an application that was filed by the defendants before the first appellate court under Order 41 Rule 27 CPC by which they produced certain documents therein. Appellants claimed their right on the disputed plot on the basis of the patta whereas defendants claimed their right over the plot on the basis of the revenue record.
In the circumstances, remand was appropriate order to have been passed to test the veracity of the documents, which order in my considered view, does not suffer from any infirmity. If and when any fresh order is passed on the temporary injunction application, the parties would have right to file appeal.
With the above direction, all the appeals are disposed of.
(MOHAMMAD RAFIQ), J.
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