HILLTOP MARBLES Vs. NISAR AHMED

JUDGEMENT

(1.) This writ petition is listed today in the Court upon application filed under Article 226(3), Constitution of India for vacating the interim order passed by this Court on 26.9.2011, whereby, the proceedings in Civil Misc. (Succession) Case No. 14/10-Nisar Ahmed and others v. Mining Engineer, Makrana, pending in the Court of Addl. District Judge, Parbatsar under section 372 of the Indian Succession Act, was stayed. With the consent of the parties, however, the matter is finally heard.

(2.) In this writ petition filed under Article 226/227 of the Constitution of India, the petitioner has prayed for quashing order dated 15.9.201 1 (Annex.- 7) passed by Addl. District Judge. Parbatsar (District Nagaur) upon objections raised by the petitioner-firm.

(3.) Learned Counsel for the petitioner submits that the petitioner-applicant is holding a quarry licence for quarry No. 164/A in Chosira Gunwati Range, Makrana. The said licence is valid till 30.12.2014. A civil suit bearing No. 31/09 (old No. 17/08) filed before the Addl. District Judge, Partatsar (District Nagaur) for seeking permanent injunction and declaring bapi rights over the mine No. 161 measuring 24 x 42 sq. ft. Said suit was decreed vide judgment dated 3.11.2009 (Annex-3). Thereafter, an application under section 372 of the Indian Succession Act, 1925 was filed by the respondents to seek succession certificate for the bapi rights declared by the Trial Court vide judgment and decree dated 3.11.2009.