LAWS(RAJ)-2017-6-20

JEEWAN MAL BADJATYA S/O JHUMAR MAL BADJATYA Vs. MUNICIPAL BOARD LADNU, NAGAUR THROUGH CHAIRMAN/EXECUTIVE OFFICER AND OTHERS

Decided On June 01, 2017
Jeewan Mal Badjatya S/O Jhumar Mal Badjatya Appellant
V/S
Municipal Board Ladnu, Nagaur Through Chairman/Executive Officer And Others Respondents

JUDGEMENT

(1.) The present writ petition has been filed against the order dated 10.05.2017 passed by learned Civil Judge and Judicial Magistrate, Ladnu in Civil Original Case No.5/2005, whereby the application filed by the plaintiff under Order 26, Rule 9 C.P.C. of has been rejected.

(2.) Heard learned counsel for the petitioner.

(3.) Learned counsel for the petitioner submits that in the present suit the strip of land on which a 'Chabutari' exists is falling within precincts of his Patta therefore the respondents are trying to demolish the same on the ground that the said 'Chabutari' is not falling within the four corners of the Patta granted to the petitioner and the subject 'Chabutari' is in between the public way.