Govind Prasad vs The Addi Civil Judge (J D ) &Ors on 17 February, 2010

    

 
 
 

 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

ORDER

S.B.CIVIL WRIT PETITION NO.1029/2010.
Govind Prasad.
VERSUS
The Additional Civil Judge (J.D.) No.1, Dholpur and Others.

17.02.2010.

HON'BLE MR.JUSTICE DALIP SINGH

Mr.Satyendra Kumar Gupta, for the petitioner.
Mr.B.K.Sharma, for the respondents.
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Heard learned counsel for the parties.

The petitioner submits that he is not in the actual physical possession and in the final decree proceedings, the learned court below is proceeding to direct that the possession of the property in dispute for which the decree for redemption has been passed by the learned trial court may be delivered to plaintiff.

I am of the view that since the petitioner is not in the actual physical possession of the property in dispute, he cannot be said to be a person aggrieved so far as the delivery of actual physical possession of the property in dispute is concerned.

In the facts and circumstances, the writ petition stands dismissed.

(DALIP SINGH),J.

Solanki DS, Jr.P.A.