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Ranbir Singh vs Municipal Corporation Rohtak And Ors on 27 May, 2019

[10]. The facts and circumstances of the case titled Smt. Shayama Jain vs. Smt. Savitri Devi and others, 2002(4) R.C.R. (Civil) 645 are near to the facts of the present case. Respondents No.2 to 4 are necessary parties for determination of suit of the plaintiff against the Municipal Corporation as in the absence of respondents No.2 to 4, the lis cannot be adjudicated completely. The rights of respondents No.2 to 4 viz.-a-viz. the street in question are involved in the present case. The 4 of 5 ::: Downloaded on - 23-06-2019 19:05:35 ::: CR No.4926 of 2018 5 blockade/obstacle in the form of triangular shaped encroachment would also materially prejudice the rights of respondents No.2 to 4.
Punjab-Haryana High Court Cites 5 - Cited by 0 - R M Singh - Full Document

Ranjit Singh vs Jagdish Singh And Others on 17 August, 2012

doubt, the streets and drains vests in the Gram Panchayat, yet, the petitioner being the resident of village and living adjoining to the site in dispute can protect his rights against the illegal encroachment over his right to have access and use such street. The street once left by an owner for use of the plot holders out of his land would also amount to abandonment of his right for all times to come. The street was left by him with in intention to sell his property by plots and to provide right to the plot holders to have access and to use the same. Thus infringement of their right over such streets would lies in it than to have remedy against such infringement by contesting the suit. This Court while relying upon the judgment delivered in cases Nand Lal Nandwani v. Bhagwan Dass, 1986 P.L.J. 223 and Gram Panchayat Garhi v. Dharambir, 1998 (2) RCR (Civil) 98 (P&H), observed in case Smt. Shayama Jain vs. Saavitri Devi and others, 2002 (4) R.C.R. (Civil) 645, as under :-
Punjab-Haryana High Court Cites 3 - Cited by 0 - A N Jindal - Full Document

Maharana Pratap Nagar Kalyan vs Smt. Krishna Devi And Others on 8 October, 2013

Counsel for the petitioners reiterated the version of the petitioners mentioned in application (Annexure P-2), as noticed hereinbefore. Reliance has also been placed on two judgments of this Court in the cases of Rajiv Goel vs. Sohan Lal Khosla and another reported as 2010 (2) Civil Court Cases 0334 and Shyama Jain vs. Savitri Devi and others reported as 2003 (1) Civil Court Cases 0117 to contend that persons from the neighbourhood may also be impleaded as party to the suit, where injunction is sought against municipality regarding passage/street. It was also argued that earlier the plaintiff had filed suit against the petitioners, challenging the gift deed (Annexure P-4), but the said suit was withdrawn by the plaintiff at the stage of rebuttal evidence and arguments.
Punjab-Haryana High Court Cites 5 - Cited by 1 - L N Mittal - Full Document

Kishori Lal vs Surender Kumar @ Jain And Others on 27 January, 2010

Learned counsel for the petitioner vehemently contended that if suit of the plaintiff is decreed against respondents no.2 and 3, it would result in closure of the municipal lane lying between property of plaintiff and property of defendant no.1 thereby prejudicing the rights of the petitioner. Learned counsel for the petitioner has placed reliance on a judgment of this Court in the case of Smt. Shayama Jain vs. Smt. Savitri Devi and others reported as 2003 (1) Latest Judicial Reports 621.
Punjab-Haryana High Court Cites 3 - Cited by 0 - L N Mittal - Full Document
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