Pratap Krishna Lohra, J. - (1.) APPELLANTS /objectors, appalled by the judgment and order dated 28th May 2008, rendered in Civil Misc. Case No. 77 -B of 1996 by the learned District Judge, Jodhpur, have laid this appeal under Order 21 Rule 101 read with Section 96 of the Code of Civil Procedure, 1908 (for short, 'CPC').
(2.) BY the judgment and order impugned, the learned District Judge, Jodhpur (for short, 'learned trial Court') has rejected their objections under Order 21 Rule 99 read with Section 151 CPC and ordered for restoration of possession of the first respondent decree -holder on Plots No. E -215, F -270 and F -271 allotted by second respondent RIICO in Industrial Area, II Phase, Basni, Jodhpur. The instant appeal has a checkered history and therefore in order to make an effectual adjudication of the lis involved, it has become imperative for the Court to recapitulate the entire factual gamut in brevity. NARRATION OF FACTS:
(3.) THE bare necessary facts, in chronological order, are as follows: "The first respondent decree -holder firm, at the threshold, applied for industrial plot on 15th February 1977 by filing an application before second respondent RIICO - the judgment -debtor, craving allotment of land measuring 8000 sq.mtrs. After scrutinizing the application of the decree -holder, the second respondent allotted industrial Plots No. E -231, F -232 and F -233, measuring 8000 sq.mtrs. to the decree -holder in Industrial Area, II Phase, Basni, Jodhpur.";