BIRLA CORPORATION LTD. Vs. NABI MARBLE & GRANITE
LAWS(RAJ)-2014-3-231
HIGH COURT OF RAJASTHAN
Decided on March 26,2014

BIRLA CORPORATION LTD. Appellant
VERSUS
Nabi Marble And Granite Respondents

JUDGEMENT

Arun Bhansali, J. - (1.) HEARD learned counsel for the parties on admission. At the outset, learned counsel for the appellants drew the attention of the Court to the order dt. 14.09.2012 passed by a Co -ordinate Bench of this Court, wherein, it was, inter alia, observed as under: - "When there was prima facie a dispute between defendant -Company, RIICO and plaintiff Company about the demarcation of land and its title, this Court is at a loss to understand how and why without impleading RIICO and summoning the relevant record from RIICO, the Courts below have decreed the suit in favour of the plaintiff -respondent without going into this relevant issue. From the photographs produced by the defendant -appellant -Company, prima facie, it appears that the respondent -Company has taken possession of the excess land over and above the land purchased by it from the predecessors -in -interest and then later on got such excess land regularized from RIICO through execution of the fresh lease deed beyond the land acquired by the RIICO itself, from out of the land allotted by the Government to the defendant -appellant -Company M/s. Birla Corporation Ltd. & Anr. prior to the acquisition of the land for RIICO by the State Government under the provisions of Land Acquisition Act."
(2.) FURTHER , by the said order the relevant record pertaining to the land in question from RIICO Branch, Chittorgarh was also summoned. The RIICO has produced photo copy of the entire file through its counsel Mr. Sanjeet Purohit on 29.01.2014, which contains 262 pages. The said record be properly attached with the record of the present second appeal.
(3.) ADMIT .;


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