IBRAHIM Vs. ROOPA
LAWS(RAJ)-2019-4-120
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
Decided on April 23,2019

IBRAHIM Appellant
VERSUS
ROOPA Respondents

JUDGEMENT

DINESH MEHTA,J. - (1.) The present second appeal under Section 100 of the Code of Civil Procedure has been filed laying challenge to the judgment and decree dated 15.02.2011, passed by learned Additional District Judge No.2, Bhilwara (hereinafter referred to as "the appellate Court") in Civil Appeal No.33/2010, vide which the judgment and decree dated 06.05.2010, passed by the Additional Civil Judge (Jr. Div.) No.2, Bhilwara (hereinafter referred to as "the trial Court") in Civil Original Case No.6/95 (253/94) has been affirmed.
(2.) The facts in brief relevant for the present purposes are that the plaintiffs (appellants herein) had filed a suit on 10.08.1994 against the defendants (respondents herein) in the trial Court seeking declaration and permanent injunction with an assertion that in village Bardod, the Muslim community owns and possesses 6 Bigha and 18 Biswa land, for which a Patta had been issued for graveyard. The Muslim community has been using the same for the purpose of last rituals.
(3.) By the suit aforesaid, the plaintiffs sought a declaration that the land in question be declared as graveyard.;


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