VENI RAM Vs. MUNICIPAL BOARD RAJSAMAND

JUDGEMENT

(1.) NONE is present on behalf of appellant. On last so many ocassions also, since 18.01.2010 no body has appeared on behalf of appellant. The matter came up for admission on 18.01.2010, 09.02.2011, 26.09.2011 and 24.04.2012 and when none had appeared on behalf of appellant, on 24.04.2012, a coordinate bench of this Court directed that if nobody appears on behalf of appellant on the next date, the Court shall have no other option but to proceed ex-parte against the appellant. Today also, none is present for appellant. Therefore, heard learned counsel for the respondent and perused the record.

(2.) LEARNED counsel for the respondent- Municipal Board, Rajsamand, Mr. Yashwant Mehta, pointed out that similar matters of same Municipality, filed by various plaintiffs came to be dismissed by this Court by the judgment dated 16.09.2008. A copy of the judgment passed in Civil Second Appeal No.411/2007-Balu Ram Vs. Nagarpalika Mandal, Rajsamand) deciding 8 connected appeals has been placed on record, in which it was found that the alleged 'Patta/s' issued in favour of all the plaintiffs were found to be forged and fabricated (" ") and, therefore, no injunction can be granted against the respondent-defendant, Municipal Board. The relevant portion of the said judgment is reproduced herein below for ready reference: -