Vineet Kothari, J. - (1.) THE present second appeal and the connected writ petitions being CW No. 182/2009 - Municipal Board, Jaisalmer v. Smt. Rani Devi & Anr., CW No. 445/2010 - Balunta Ram v. Municipal Board, Jaisalmer & Ors., are being disposed of by this common order.
(2.) THE appellants/defendants, Smt. Rani Devi W/o. late Sh. Tarachand and 3 others have preferred this second appeal assailing the impugned judgment and decree dated 11.02.2011 passed by learned District Judge, Jaisalmer, in Civil First Appeal No. 06/2009 -Smt. Rani Devi & Ors. v. Balwanta Ram, by which the first appeal filed by the appellants/defendants was partly allowed while affirming the judgment and decree dated 10.02.2009 passed by learned Civil Judge (Sr. Division), Jaisalmer, in Civil Original Suit No. 55/95 (62/1988) -Balwantaram v. Smt. Rani Devi & Ors., whereby suit filed by the plaintiff against the defendant for permanent injunction was decreed. The plaintiff, Balwanta Ram, objected to the allotment of a strip of land in favour of appellants/defendants, Smt. Rani Devi W/o. late Sh. Tarachand and others. The courts below had decreed the suit in favour of plaintiff that the land in question is part of Public Chowk and, therefore, the strip of land cannot be allotted in favour of defendants, Smt. Rani Devi & Ors. The relevant findings of the learned trial court in the judgment dated 10.02.2009 are quoted herein below for ready reference: - -
(3.) THE appellate court, however, vide judgment and decree dated 11.02.2011 partly allowed the appeal of the defendants and held that it is for the Municipal Board to decide as to whether the said strip of land can be allotted in favour of defendants or not. The relevant finding of the learned lower appellate court is also quoted herein below for ready reference: - - ;