Jaipur Development Authority vs Smt Prem Kumari W/O Late Thakur Raja … on 27 February, 2025

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1. This appeal, under Section 18 of the Rajasthan High Court

Ordinance, 1949, is directed against judgment/decree dated

29.05.1997 in S.B. Civil First Appeal No.73/1991 passed by the

learned Single Bench (First Appellate Court), whereby, the appeal

of respondent-plaintiff has been allowed, judgment/decree of the

trial Court has been set aside and a decree of permanent

injunction has been granted in favour of plaintiff Smt. Prem

Kumari & Anr. In the suit filed by respondents-plaintiffs Smt. Prem

Kumari and Anr., a decree of permanent injunction was sought

against the then UIT (now Jaipur Development Authority) & other

defendants Durga Shankar and Shyam Sunder seeking to restrain

them from interfering with the possession and enjoyments of

property in dispute inter alia on the pleadings that the land in

dispute, marked in the plan appended with the plaint, there exists

one well, fountain, swimming pool etc. in front of the existing

building, of which the plaintiffs are the owners. It was pleaded

that defendants no. 2 and 3, in collusion with the officers of

defendant no. 1, are trying to take forcible possession and

dispossess the plaintiffs with the help of police and further that

the defendants are demolishing the water channels and have

started digging soil thereby giving cause of action to file the suit.

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