[2025:RJ-JP:17143] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5988/2025 Sarita Jain D/o Shri Madan Lal Jain W/o Vijay Kumar Jain, Aged About 49 Years, Resident Of Jaipur Road, Kekri, Tehsil Kekri, Ajmer (Rajasthan) At Present Living At Vikas Vihaar Colony, Behind Bus Depot, Tonk (Rajasthan). ----Petitioner Versus 1. District Magistrate, Ajmer, Collectorate, Ajmer (Rajasthan). 2. A.U. Small Finance Bank Ltd., Having Its Registered Office At 19 A, Dhuleshwar Garden, Ajmer Road, Jaipur (Rajasthan) Through Its Managing Director. 3. Madan Lal Jain S/o Mishri Lal Jain, Resident Of Jaipur Road, Kekri, Tehsil Kekri, District Ajmer (Rajasthan). 4. Santosh Kumar Jain S/o Madan Lal Jain, Resident Of Jaipur Road, Kekri, Tehsil Kekri, District Ajmer (Rajasthan). 5. Vinod Kumar Jain S/o Madan Lal Jain, Resident Of Jaipur Road, Kekri, Tehsil Kekri, District Ajmer (Rajasthan). 6. Sub Registrar, Dig Stamp Office, Kekri, District Ajmer (Rajasthan). ----Respondents For Petitioner(s) : Mr.Najeeb Anwar Khan JUSTICE ANOOP KUMAR DHAND Order 23/04/2025 1. By way of filing this writ petition, a challenge has been led to the impugned order dated 17.02.2025 passed by the District Magistrate, Ajmer on an application submitted by the respondent No.2, i.e., A.U. Small Finance Bank Ltd. under Section 14 of the SARFAESI Act, 2002. 2. Learned counsel for the petitioner submits that the property in question is a joint Hindu undivided family property, the [2025:RJ-JP:17143] (2 of 2) [CW-5988/2025] petitioner has filed a suit for partition of the same, before the Court of Civil Judge, (Junior Division) Kekri, District Kekri wherein an interim order has been passed directing the parties to maintain status quo on 10.10.2024. Counsel submits that now the respondent No.2 is bent upon to depart the possession of the petitioner in the light of the order dated 17.02.2025 passed by the District Magistrate, Ajmer. Counsel submits that the respondent No.2 has also been impleaded as party-respondent in the array of cause-title of the said suit, so under these circumstances, the order dated 17.02.2025 is liable to be quashed and set aside as the right, title and interest of the petitioner is involved in the property in question. 3. Heard and considered the submissions made at the Bar and perused the material available on record. 4. Perusal of the impugned order dated 17.02.2025 reflects that certain amount was borrowed by the borrower, when the said amount was not refunded, the secured creditor submitted an application under Section 14 of the SARFAESI Act, 2002 and the same has been allowed by the District Magistrate. The petitioner is not party to the aforesaid proceedings, hence, she cannot assail or challenge the same, hence, this petition is not maintainable. In case, the petitioner is claiming her right over the property in question, she would be at liberty to approach the appropriate forum of law, by way of initiating appropriate proceedings. 5. Accordingly, the instant writ petition stands rejected. Stay application and all pending application, if any, also stand dismissed. (ANOOP KUMAR DHAND),J Aayush Sharma /68