ASHOK VASITA Vs. URBAN IMPROVEMENT TRUST

JUDGEMENT

(1.) The present writ petition has been preferred against the order dated 27.08.2019, passed by the learned Additional District Judge No. 2, Udaipur (hereinafter referred to as "the Appellate Court"), whereby the order dated 05.09.2018, passed by the Presiding Officer, Gram Nyayalaya, Girva, Udaipur (hereinafter referred to as "the Trial Court") has been partially modified and the respondent Urban Improvement Trust, Udaipur has been directed to dispossess the petitioner-plaintiff after adopting due process of law.

(2.) Operative portion of the order dated 27.08.2019, passed by the learned Additional District Judge No. 2, Udaipur reads thus:

(3.) Mr. Kunal Bishnoi, learned counsel appearing for the petitioner challenging the order dated 27.08.2019, contended that the Appellate Court had no occasion to interfere in an otherwise just order, passed by the Trial Court. He argued that the learned Trial Court having found a prima facie case in petitioner's favour, has directed the parties to maintain status quo, whereas in appeal preferred by the respondents Nos. 1 and 3, the Appellate Court had issued a direction to the Urban Improvement Trust, Udaipur to take possession and remove the construction, albeit after following due process of law. According to learned counsel, the Appellate Court was not required to pass such order in the mandatory form, particularly when no new fact has been brought to the notice/record of the Appellate Court.