YONUS BHATI Vs. SHAHARIYAR

JUDGEMENT

(1.) These writ petitions have been filed by the petitioner aggrieved against the order dated 7.11.2016 passed by the learned court below, whereby on applications filed by the respondent-Shahariyar under Order 7, Rule 11 Code of Civil Procedure in the two suits, the Court has directed the petitioner to value the suits in terms of the provisions of the Rajasthan Court Fees and Suits Valuation Act, 1961 ('the Act') and pay the court fees accordingly and another application filed by the petitioner seeking consolidation of two suits has been dismissed.

(2.) The petitioners filed suit No.71/11 seeking permanent and mandatory injunction against Shahariyar, Jime and Municipal Board, Mount Abu. The suit was filed based on the facts that pursuant to the agreement to sale dated 30.3.1998 executed by Shri Praveen Chand Ranchhod Lal Joshi for a sum of Rs.42 lacs, the petitioners were in possession of the suit property and under the provisions of Order 2, Rule 2 Code of Civil Procedure reserved his right to file a suit for specific performance. However, it was claimed that the respondents were seeking to dispossess the petitioners and therefore, prayed that injunction be granted.

(3.) Another suit being 46/2012 was filed by the petitioner against Shahariyar and Jime for declaration, wherein it was inter-alia claimed that besides the petitioner being in possession of the property pursuant to the agreement to sale executed in petitioner's favour, he has become owner by adverse possession and sought declaration in this regard.