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2002 DIGILAW 1359 (RAJ)

Statue Circle Bachao Samiti v. Satya Prakash Builders Pvt. Ltd.

2002-08-02

ASHOK PARIHAR

body2002
JUDGMENT 1. - The appellants alleged to be conscientious residents and public spirited citizens of Jaipur City, interested in conserving the architectural heritage of Jaipur, filed the present appeal challenging the order dated 3.4.2002 passed by the trial court on a temporary injunction application filed by the respondent No. 1. The trial court while directing Municipal Corporation not to interfere in construction of the disputed multi-storeyed residential complex with a condition that In case the permission is not granted by the competent authority, the plaintiff respondent shall remove the construction on its own costs. The appeal was filed on 29.4.2002. Notices were issued by this Court on 9.7.2002 and on the stay application status quo was ordered to be maintained by all the parties concerned on the same date. 2. Now as has come on record, that the present appeal was filed by the appellants without been impleaded as party before the trial court on the date of impugned order. It was only on 27.7.2002 that impleadment of the present appellants was ordered by the trial court in the suit as filed on behalf of the plaintiff respondents. Subsequently, an application was filed on behalf of the present appellants before the trial court on 31st July, 2002 for allowing them to withdraw from the suit and deleting their names from the array ' of respondents. Two more applications were filed before this Court on 31st July, 2002, one for withdrawal of the present appeal and another for withdrawing the power of the counsel, who had filed the appeal before this Court. Today, when the case came up for orders, learned counsel now appearing for the appellants prayed that he may be allowed to withdraw the appeal. 3. Though the prayer made learned counsel for the appellants appears to be very innocent and Innocuous, however after having considered entire sequence, as narrated above, it does not looks like so. The Courts cannot be taken for a ride in such manner. The Court are not the play grounds and nobody can be allowed to make a mockery and abuse of judicial process. The persons alleged to be conscientious and public spirited citizens should also know their responsibility as well. Such persons must have enough courage, clean heart and a will for fight for truth before knocking the doors of the court in such matters. The persons alleged to be conscientious and public spirited citizens should also know their responsibility as well. Such persons must have enough courage, clean heart and a will for fight for truth before knocking the doors of the court in such matters. Courts are not the places to get publicity under the camouflage of pubic interest. Such vexatious litigations have to be deprecated with heavy hand. The manner in which the appellants have proceeded in the present matter without verifying the facts has not only caused great inconvenience to the court, but the other parties as well. Without making any further observations, I deem it proper to allow the appellants to withdraw the present appeal with a cost of Rs. 50,000/- to be recovered from the appellants. Deputy Registrar (Judicial) to prepare a decree and after execution of the same, the amount be deposited with the Rajasthan State Legal Services Authority, Jaipur.Withdrawal Allowed With Costs As Above. *******