KANARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present Civil First Appeal, instituted under Sec. 96 of the Code of Civil Procedure, 1908 (hereinafter to be referred as "CPC"), has been preferred by the appellant assailing the judgment and decree dtd. 7/10/2024, passed by the learned Additional District Judge No.1, Jodhpur Metropolitan, in Civil Suit No. 34/2024. By the said judgment, the learned Court below has allowed the application filed by the defendant-respondent under Order VII Rule 11 CPC and, as a consequence thereof, the plaintiff's suit has been rejected at the threshold.

(2.) Briefly stating the facts of the case are that the appellants claim longstanding khatedari rights and settled possession over their land in Village Anganwa, separated from Khasra No. 78 by a 60-year-old boundary wall. They allege that respondent No. 2, relying on a torn and unreliable revenue map, wrongly treated their land as part of Khasra No. 78 and initiated coercive eviction proceedings without granting them any hearing. According to the appellants, this action arose after they repeatedly complained about encroachments on nearby Khasra No. 73, causing hostility among interested parties. Despite reports that proper demarcation was impossible, a demarcation report dtd. 21/6/2024 was prepared and used to label their land as encroached Aabadi land. To protect their civil rights, they filed a suit for declaration and injunction, which the Trial Court rejected under Order VII Rule 11 CPC on jurisdictional objections, leading to the present appeal.

(3.) Heard learned counsel appearing on behalf of the parties and perused the material available on record.