[2025:RJ-JP:3655] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 328/2005 1. Trilok Chand S/o Shri Devi Das (since deceased) through his legal presentatives:- 1/1. Narensh Kumar Mahnidratta S/o Trilok Chand, Aged 52 years, R/o 171, Basant vihar, Scheme No.3, Alwar, District Alwar. ----Appellant Versus 1. Khem Chand S/o Lal Chand Panjabi left behind following legal representatives:- 1/1. Jitendra Kumar S/o Kehm Chand, 1/2. Vijay Kumar S/o Khem Chand, 1/3. Yogesh Kumar S/o Khem Chand, 1/4. Rekha Kamra D/0 Khem Chand, 1/5. Rajni D/o Khem Chand, All are resident of Mohalla Chakala Gundi, Malakhera Bajar, Near Mata Ka Mandir, Alwar, Rajasthan. 2. Municipal Council, Alwar through Commissioner. ----Respondents For Appellant(s) : Mr. Gajendra Singh Rathore with Mr. Rohit Sharma For Respondent(s) : Ms. Raashi Srivastva for Mr. Manu Bhargva Mr. J.P. Goyal Sr. Adv. with Ms. Minal Bhargav & Mr. Siddharth Singh HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 24/01/2025 1. Instant S.B. Civil Second Appeal is preferred by appellant/defendant. 2. Aggrieved from judgment dated 15.02.2005 in Civil Regular Appeal No. 68/2004 by learned Additional District Judge No.1, [2025:RJ-JP:3655] (2 of 3) [CSA-328/2005] Alwar wherein the Appellate Court while dismissing the appeal directed both the parties to remove encroachment failing which the Municipal Council, Alwar was directed to remove the encroachment made by both appellant and respondent. At the time of disposal on 15.02.2005, another Civil Regular Appeal No. 67/2004 was also disposed. 3. Aggrieved from the order in CRA No. 67/2004, arising out of civil suit No. 73/2001, S.B. Civil Second Appeal No. 101/2005 was preferred by respondent- Khem Chand and the same was disposed of by a Co-ordinate Bench of this Court on 15.03.2005 in presence of the counsel for both the parties including present appellant. Thereafter, S.B. Civil Review Petition No. 14/2005 and 24/2005 were filed by the Municipal Council, Alwar and by one of the party and both were disposed of on 21.07.2005. 4. Considered the submission of learned counsel appearing for appellant and learned senior counsel appearing for respondent No.1 and learned counsel appearing for respondent No.2, and perused the record. 5. A perusal of order dated 15.03.2005 In S.B.CSA No. 101/2005, clearly shows that a Co-ordinate Bench after considering submission of both the private parties, who filed civil suit No. 73/2001 and 99/1997 against each other for removal of encroachment made by them, has disposed of civil second appeal with mutual consent of the counsels. Further, review petitions were filed by Municipal Council and one of the party and the same were also disposed of on 21.07.2005 without any substantial change in order dated 15.03.2005. [2025:RJ-JP:3655] (3 of 3) [CSA-328/2005] 6. Considering the fact that the dispute has already been adjudicated by a Co-ordinate Bench with consent of the counsels for the parties, it is appropriate to dispose of the instant appeal in terms of the same order and the learned counsel appearing for appellant, learned Senior Advocate appearing for respondent No.1 and learned counsel for respondent No.2 has no objection in disposal of the instant appeal, in terms of the order dated 15.03.2005 as modified on 21.07.2005. 7. In view of the aforesaid, the instant civil second appeal is disposed of in terms of order dated 15.03.2005 in S.B. Civil Second Appeal 101/2005 and as modified vide order dated 21.07.2005, in S.B. Civil Review Petition Nos. 24/2005 and 14/2005. The orders dated 15.03.2005 and 21.07.2005 shall be integral part of this order. 8. The instant Civil Second Appeal stands disposed of. 9. A copy of order passed by S.B. civil second appeal No. 101/2005 and review petition Nos. 14/2005 and 24/2005 be attached in the instant appeal and a copy of both the orders be transmitted to the Trial Court with copy of order in the instant civil second appeal. 10. S.B Civil Second Appeal and misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J NEERU/80