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2025 DAILYLAW 5158 (RAJ)

GIRDHARI LAL v. ASSTT COMMISQSIONERSDODEVSTHAN JPR

CSA/241/2014 · 2025-07-31

Narendra Singh Dhaddha

body2025

Judgment text

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[2025:RJ-JP:29075] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 241/2014 Girdhari Lal S/o Shri Daulatram House No. 40, Opp. Shikha Public School, Near Beniwal Kante, Krashna Colony, Old Ramgarh Mode, Jaipur ----Appellant Versus 1. Assistant Commissioner Sub District Officer, Devasthan Department, Jaipur Division Hawamahal Road, Jaipur 2. Superintendent, Hawamahal Architect Department, Near Hawamahal, Jaipur ----Respondents For Appellant(s) : Mr. L.L. Gupta For Respondent(s) : Mr. Ayush Mall, Dy.G.C. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 31/07/2025 Heard learned counsel for the appellant-plaintiff as well as counsel for the respondents-defendants. A perusal of the impugned judgments reveal that the appellant-plaintiff filed a simplicitor suit for permanent injunction against the respondents-defendants i.e. Devasthan Department & Archaeological Department. The trial Court while dismissing the suit and the appellate court while dismissing the appeal noted that the appellant-plaintiff in his evidence mentioned that his shop did not have any concerned with Archaeological Department. It was also noted that no cause of action accrued to the appellant-plaintiff as against respondent-defendant No.1 for the reason that the appellant- [2025:RJ-JP:29075] (2 of 2) [CSA-241/2014] plaintiff did not aver that the respondent-defendant No.1 threatened him to demolish the shop in question. On account of misjoinder of the necessary parties, the appeal filed by the appellant-plaintiff is disposed of with liberty to the appellant-plaintiff to file the fresh suit, if occasion so arises. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Ritu/25