Ranglal and Others vs Mohan Lal and Others

Jainendra Kumar Ranka, J.—By instant writ petition, the petitioners have assailed the orders dt. 05/02/2011 and 06/05/2013 passed by the trial Court as well as lower appellate Court respectively. Counsel for petitioners submits that after the order having been passed by the lower appellate Court, the petitioners have been able to get a site plan prepared which is duly signed and attested by Sarpanch of Gram Panchayat Budhibawal, Panchayat Samiti Kotkasim, District Alwar which has been placed on record as Anx-7, which, according to counsel, would bring the real picture as against the Commissioners'' Report dt. 12/05/2010 which is totally incorrect. Counsel submits that instant writ petition may be disposed of with liberty to the petitioner to move fresh application for temporary injunction and the learned trial Court may be directed to decide the same afresh after considering Anx. 7, which is site plan, duly signed and attested by the Sarpanch of Village Panchayat.

Consequently, the writ petition is disposed of with liberty to the petitioners to move fresh application for temporary injunction before the learned Court below with Anx. 7, which is site plan, duly signed and attested by the Sarpanch of Village Panchayat and the learned Court below may decide the same afresh in accordance with law after hearing all the parties, after taking into consideration Anx. 7, which is site plan, duly signed and attested by the Sarpanch of Village Panchayat.