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2025 DAILYLAW 15831 (RAJ)

SMT. SAROJ SETHI W/O LATE SHRI NARENDRA JI SETHI v. JAIPUR MUNICIPAL CORPORATION

CW/6078/2025 · 2025-04-28

Vinod Kumar Bharwani

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:17772] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6078/2025 1. Smt. Saroj Sethi W/o Late Shri Narendra Ji Sethi, R/o House No. 1815, Near Chhink Mata Ka Mandir, Maniharo Ka Rasta, Chokari Modikhana, Jaipur Through Power Of Attorney Holder Shri Bhagwati Prasad Sharma S/o Shri Harinarayan Sharma 2. Bhagwati Prasad Sharma S/o Shri Harinarayan Sharma, R/o C-20, Bhagwandas Road, C-Scheme, Jaipur Power Of Attorney Of Smt. Saroj Sethi W/o Late Shri Narendra Kumar Sethi ----Petitioners Versus 1. Jaipur Municipal Corporation, Pandit Deendayal Upadhyay Bhawan, Near Lalkothi Stadium, Tonk Road, Jaipur Through Mayor 2. Jaipur District Dugdh Utpadak Sahakari Sangh Ltd., Near Gandhi Nagar Railway Station, Jaipur Through Managing Director 3. M/s Silver Sands Builder Pvt. Ltd., C-28 Bhagwandas Road, Near Raj Mandir Cinema, Jaipur Through Sunil Kumar Kedia S/o Shri Omprakash Kedia ----Respondents For Petitioner(s) : Mr. Anil Sharma with Mr. Manjeet Sharma For Respondent(s) : HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 28/04/2025 This writ petition has been filed by the petitioners under Article 227 of the Constitution of India against the order dated 25.03.2025 passed by Additional Sr. Civil Judge and Additional Chief Judicial Magistrate No.7, Jaipur Metropolitan-I, in Civil Case [2025:RJ-JP:17772] (2 of 2) [CW-6078/2025] No.17/2012, whereby an application filed by the petitioners under Order 11 Rule 12 & 14 r/w Section 151 C.P.C. was dismissed. Learned counsel for the petitioners submits that the aforesaid order has not been passed by the learned Trial Court in accordance with law. Therefore, the finding of learned Trial Court is perverse & based on extraneous consideration and, hence, the impugned order may be quashed & set aside. Heard. Perused. The perusal of order dated 25.03.2025 make it crystal clear that the document in question which is prayed to be summoned from the power and possession of respondent/defendant no. 2 has already been executed on 03.09.2003 in favour of the Municipal Corporation, and same was registered in the office of Sub- Registrar. The learned Trial Court, after considering all the facts, has passed a reasoned order, which is just & proper. No illegality, infirmity or error has been committed by the learned Trial Court in the aforesaid order. Hence, there is no scope for interference in the aforesaid order under the limited writ jurisdiction under Article 227 of the Constitution. Consequently, the present writ petition is dismissed. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAURABH /25