CHIMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsels for the parties.

(2.) SINCE, the controversy involved in this batch of misc. appeals, is identical, therefore, same are being decided by this common judgment, however, the facts of Civil Misc. Appeal No.1313/2008-Chiman Singh Vs. State of Rajasthan & Ors., are taken illustratively as a leading case.

(3.) ON the other hand, Mr. M.A. Siddiqui, for Forest Department, Mr. S.G. Ojha and Mr. Yashwant Mehta, appearing on behalf of respective respondents, submitted that discovery made by the defendant-Forest Department in pursuance to the order dated 25.03.2008 satisfied the directions of the learned trial court in the said order dated 25.03.2008 as noted in the impugned order dated 07.08.2008 itself; and it is the satisfaction of the learned trial court that whether such discovery was in accordance with orders passed on application under Order 11 Rule 12 CPC or not. Therefore, such discretionary order holding that the discovery made by the defendant-Forest Department satisfied the order dated 25.03.2008, does not require any interference by this Court in the present appeals unless it is shown to be perverse. More so, they submitted that question whether the land in dispute belongs to Forest Department or not as per the notification issued by the State Government is a question, which is likely to be decided prima-facie now in temporary injunction applications, which are still pending consideration before the trial court below under Order 39 Rule 1 and 2 CPC as well as in the main suit, which will be decided after evidence is led and proved by the rival parties.