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2025 DAILYLAW 14430 (RAJ)

SMT. DHAKHA DEVI W/O LATE SHRI NATHU GURJAR v. RAJU S/O SHRI MOTHU

CW/6668/2019 · 2025-01-21

Narendra Singh Dhaddha

body2025

Judgment text

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[2025:RJ-JP:2876] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6668/2019 Smt. Babli Devi W/o Shri Ramavatar S/o Late Shri Nathu Gurjar, By Caste Gurjar, R/o Plot No. 4A, Gurjaron Ki Bagichi, Near Normal School, Chokadi Topkhana Desh, Jaipur (Rajasthan). ----Petitioners Versus 1. Raju S/o Shri Mothu, Aged About 42 Years, By Caste Gurjar, R/o Plot No. 4A, Gurjaron Ki Bagichi, Near Normal School, Chokadi Topkhana Desh, Jaipur (Rajasthan). 2. Birju S/o Shri Mothu, Aged About 36 Years, By Caste Gurjar, R/o Plot No. 4A, Gurjaron Ki Bagichi, Near Normal School, Chokadi Topkhana Desh, Jaipur (Rajasthan). 3. Smt. Kailashi W/o Late Shri Ramjilal, Aged About 50 Years, By Caste Gurjar, R/o Plot No. 4A, Gurjaron Ki Bagichi, Near Normal School, Chokadi Topkhana Desh, Jaipur (Rajasthan). 4. The Commissioner, Municipal Corporation, Zone-West, Jaipur (Rajasthan.) 5. The Municipal Corporation, Through Mayor, Pandit Deen Dayal Upadhyaya Bhawan, Municipal Corporation, Jaipur Premises, Lal Kothi, Jaipur (Rajasthan.) ----Respondents For Petitioner(s) : Mr. Mahesh Gupta For Respondent(s) : HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 21/01/2025 Matter comes up on an application No. 1/2023 filed under Section 151 CPC for deleting the name of petitioner No.1-Smt. Dhaka Devi. [2025:RJ-JP:2876] (2 of 2) [CW-6668/2019] For the reasons mentioned in the application, same is allowed. Name of petitioner No.1- Smt. Dhaka Devi is ordered to be deleted from the array of petitioners in the cause title. Amended cause title filed with the application is taken on record. This civil writ petition has been filed by the petitioner- defendant (for short ‘the defendant’) against the order dated 01.03.2019 passed by the Additional District and Sessions Judge No. 9, Jaipur Metro Jaipur in civil misc. Appeal No. 16/2018 whereby the appellate Court dismissed the appeal filed by the defendants and affirmed the order dated 11.09.2018 passed by the trial Court whereby the trial Court allowed the application filed by respondent Nos. 1 to 3- plaintiffs (for short ‘the plaintiffs’) for temporary injunction and restrained the defendants to raise any construction on the plot measuring 10 X 26 feet and also directed to maintain status quo. Taking into consideration the facts and circumstances of the case and more particularly in view of the fact that the suit was instituted before the trial Court in the year 2018 and more than 6 years have been passed therefrom, without interfering with the impugned order, I dispose this petition with a direction to the trial Court to decide the suit filed by the plaintiffs, if pending with it, expeditiously in accordance with law. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Gourav/80