[2025:RJ-JP:2762] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1422/2022 Avnish Bansal S/o Shri Praveen Bansal, Aged About 47 Years, Resident Of Plot No. C-110, Garud Marg, Hanuman Nagar, Vaishali Nagar, Jaipur. ----Appellant Versus 1. Dalpat Singh Naruka S/o Late Shri Rao Raja Rajendra Singh, Aged About 58 Years, R/o Plot No. D-180, Ram Marg, Hanuman Nagar, Jaipur Rajasthan. 2. Manvendra Singh Sesodia S/o Shri Raghubir Singh Sesodia, Aged About 50 Years, Resident Of D-172, Kewat Marg, Pawan Path, Hanuman Nagar, Jaipur. 3. Anukriti Builders And Developers, Being A Partnership Firm Through Its Partner Avnish Bansal, S/o Shri Praveen Bansal, R/o C-110, Garud Marg, Hanuman Nagar, Vaishali Nagar, Jaipur. 4. Jaipur Development Authority, Through Secretary, Indira Circle, Jawahar Lal Nehru Marg, Jaipur, Rajasthan. ----Respondents Connected With S.B. Civil Revision Petition No. 93/2022 Avnish Bansal S/o Shri Praveen Bansal, Aged About 47 Years, Resident Of Plot C-110, Garud Marg, Hanuman Nagar, Vaishali Nagar, Jaipur. ----Appellant Versus 1. Dalpat Singh Naruka S/o Late Shri Rao Raja Rajendra Singh, Aged About 58 Years, R/o Plot No. D-180 Ram Marg, Hanuman Nagar Vaishali Nagar Jaipur Rajasthan. 2. Manvendra Singh Sesodia S/o Shri Raghubir Singh Sesodia, Aged About 50 Years, Resident Of D-172, Kewat Marg, Pawan Path, Hanuman Nagar, Jaipur. 3. Anukirti Builders And Developers, Being A Partnership Firm Through Its Partner Avnish Bansal S/o Shri Praveen Bansal R/o C-110 Garud Marg, Hanuman Nagar, Vaishali Nagar Jaipur. [2025:RJ-JP:2762] (2 of 3) [CMA-1422/2022] 4. Jaipur Development Authority, Through Secretary, Indira Circle, Jawahar Lal Nehru Marg, Jaipur, Rajasthan. ----Respondents For Appellant(s) : Mr. Manoj Bhardwaj with Mr. Gunjan Pathak For Respondent(s) : Mr. Ajatshatru Mina with Ms. Khushi Chirania & Mr. Abhinav Jaimini HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 20/01/2025 1. Learned counsel for the parties jointly submits that in civil appeal No. …… of 2022 arising out of SLP (Civil) 9016/2022, Hon’ble Supreme Court while considering prayer under Section 11(6) of the Arbitration and Conciliation Act, 1996 has appointed Mr. Justice Naveen Kumar Sinha, a former Judge of Hon’ble Supreme Court as sole Arbitrator in pursuant to arbitration agreement between the parties. 2. The counsels for the parties submits that after filing of civil suit before learned Trial court by respondent Dalpat Singh Naruka, an application is filed for referring the dispute to the Arbitrator under Section 8 of the Arbitration and Conciliation Act, 1996 but same was dismissed by the Trial Court and aggrieved from aforesaid the instant civil misc appeal No. 1422/2022 is preferred whereas aggrieved from dismissal of application under Order 7 Rule 11 CPC, a civil revision No. 93/2022 is preferred. 3. After considering the submission of learned counsels for the parties, since Arbitrator has already been appointed by Hon’ble Supreme Court on basis of agreement between the parties, [2025:RJ-JP:2762] (3 of 3) [CMA-1422/2022] therefore, nothing survives in these two petitions and also civil suit pending before the Trial Court. 4. In view of aforesaid, the civil misc. appeal No. 1422/2022 and civil revision No. 93/2022 as well as civil suit No. 11/2021 pending before learned Additional District Judge No.1, Jaipur Metro-II are hereby rejected. 5. The Trial Court is directed to dispose of the suit and consign to R.R. after receipt of copy of this Order. 6. Misc. application, if any, also stands disposed of. (ASHOK KUMAR JAIN),J MONU /127-128