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2025 DAILYLAW 15400 (RAJ)

ABHINAV BAKIWALA S/O LATE SH. ASHOK KUMAR BAKIWAL v. OM PRAKASH SHARMA S/O LALLU LAL SHARMA

CW/8614/2025 · 2025-08-01

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:29458] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.8614/2025 1. Abhinav Bakiwala S/o Late Sh. Ashok Kumar Bakiwal, R/o 26-A, Chetak Marg, J.k. Lon Hospital, Near J.l.n. Marg, Jawahar Nagar, Jaipur. 2. Kranti Kumar Bakiwala S/o Late Sh. Kailashchand Bakiwal, R/o Village Kukas Tehsil Amer Jaipur Hal Niwasi. Flat No. 601-B 207, Maharani Apartment, Rajendra Marg, Bapunagar, Jaipur. ----Petitioners Versus 1. Om Prakash Sharma S/o Lallu Lal Sharma, R/o Village Kukas Teshil Amer Jaipur. 2. Anita, S/o Vinod Sharma 3. Kanaram Meena, S/o Sh. Prabhatilal Meena 4. Kiran, W/o Gajanand Sharma 5. Gorishankar Urf Ramray, S/o Sh. Bhairuram 6. Rekha Devi, W/o Ramkishor Sharma 7. Savitri Devi W/o Ghanshyam Sharma, All R/o Village Kukas Tehsil Amer, Jaipur. 8. Lalita Agarwal W/o Chandraprakash Agarwal, R/o Dispensary Road, Village Achrol Tehsil Amer, Jaipur. 9. M/s. Rohit Maison Pvt. Ltd, Registered Office Iii Floor, Above Uco Bank, Jaipur Through Director Krishnamurari Goyal S/o Tarachand Goyal R/o Plot No. 1448 Barah Gangaur Ka Rasta Johri Bazar, Jaipur District Jaipur. 10. Vikram Kumar Bakiwala S/o Late Sh. Kailashchand Bakiwala, R/o 51, M.g. Road, Johri Bhawan, Near T.i. Mall, Indore, Madhya Pradesh. 11. Smt. Manju Luhadia D/o Late Sh. Kailashchand Bakiwala, R/o B-20, 10-B Scheme, Gopalpura Bypass, Durgapura Jaipur. 12. Deputy Registrar Officer Deputy Registrar Office, Amer Tehsil Amer District Jaipur. 13. Tehsildar Amer Tehsil, Amer District Jaipur. ----Respondents [2025:RJ-JP:29458] (2 of 2) [CW-8614/2025] For Petitioner(s) : Mr. Mahendra Shah, Senior Advocate assisted by Mr. Shreyansh Dhariwal JUSTICE ANOOP KUMAR DHAND Order 01/08/2025 1. By way of filing this writ petition, a challenge has been led to the impugned order dated 07.01.2025 passed by Sub-Divisional Officer, Amer, District Jaipur by which application submitted by the respondents under Order 7 Rule 11 CPC has been allowed and the suit filed by the petitioners has been rejected. 2. In the considered opinion of this Court, the impugned judgment and decree passed by the Sub-Divisional Officer is appealable before the Appellate Court. 3. It is settled proposition of law that whenever alternative efficacious statutory remedy is available to a person, he cannot be allowed to bypass the jurisdiction of Appellate Court. 4. On this count alone, the writ petition stands disposed of granting liberty to the petitioners to file statutory appeal before the Appellate Court. 5. In case, any such appeal along-with the application under Section 14 of the Limitation Act is preferred by the petitioners, the same would be decided by the Appellate Court in accordance with law. 6. Stay application as well as all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J Karan/16