LALITA ACHARYA Vs. LAXMI DEVI SAHALAT

JUDGEMENT

(1.) THE petitioners/plaintiffs are said to be the owners of House No.92, Nehru Bazar, Udaipur and it is said that on the south side of said house, there is open strip of land belonging to Municipal Council, Udaipur and for allotment of this alleged strip of land, the petitioners had made an application on 7.10.1998 to the Municipal Council, Udaipur, which has allegedly been not decided yet.

(2.) THE said land had allegedly been purchased by respondents no.1 and 2. Respondents no. 1 and 2 had filed a civil suit against the Municipal Council in respect of the said land in which they had claimed that the said land has already been purchased by them from Smt. Jamna Bai on 14.6.1995 and so in the said suit which was decreed by the court in favour of respondents no. 1 and 2 and against the Municipal Council, it was ordered that the Municipal Council cannot allot this land to any one else. The petitioners claimed that the said decree is apparently collusive decree and so they were compelled to file civil suit in the court of Civil Judge(JD) City(South), Udaipur for cancellation of the said decree dated 21.3.2002 obtained by respondent Nos. 1 and 2. In this suit it was also prayed that permission to raise construction granted in favour of respondents no.1 and 2 by the Municipal Council should also be declared illegal and ineffective. It was also prayed by the petitioners in this suit that mandatory injunction against respondent no.3 should be issued that it should decide the application in favour of the petitioners for allotment of strip of land.

(3.) THE appeal was filed by Smt. Lalita and ors. against the said order dated 6.4.2013 and their appeal was also dismissed by Addl. District Judge No.4, Udaipur on 26.7.2013. Now, the petitioners have filed this petition under Article 227 of the Constitution of India. The petitioners have placed reliance upon the following rulings: -