KADEER MOHAMMAD S/O LATE FAKIR MOHAMMAD v. NIJAMUDDIN @ NIZAM S/O LATE NAZIR MOHAMMAD
CW/6520/2025 · 2025-07-08
Vinod Kumar Bharwani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16340 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16340 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:25091] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6520/2025
1. Kadeer Mohammad S/o Late Fakir Mohammad, Aged About 55 Years, R/o Shivaji Colony, Behind Sabzi Mandi, Town Niwai, Tehsil Newai, District Tonk (Rajasthan).
2. Bashir Mohammad S/o Late Fakir Mohammad, Aged About 47 Years, R/o Shivaji Colony, Behind Sabzi Mandi, Town Niwai, Tehsil Newai, District Tonk (Rajasthan).
3. Zaheer Mohammad S/o Late Fakir Mohammad, Aged About 45 Years, R/o Shivaji Colony, Behind Sabzi Mandi, Town Niwai, Tehsil Newai, District Tonk (Rajasthan).
4. Mohammad Saeed S/o Late Fakir Mohammad, Aged About 36 Years, R/o Shivaji Colony, Behind Sabzi Mandi, Town Niwai, Tehsil Newai, District Tonk (Rajasthan).
5. Mahrunisha D/o Late Fakir Mohammad, Aged About 57 Years, R/o Shivaji Colony, Behind Sabzi Mandi, Town Niwai, Tehsil Newai, District Tonk (Rajasthan).
6. Haseena Bano D/o Late Fakir Mohammad, Aged About 38 Years, R/o Shivaji Colony, Behind Sabzi Mandi, Town Niwai, Tehsil Newai, District Tonk (Rajasthan).
7. Hafeezan Bano W/o Late Fakir Mohammad, Aged About 78 Years, R/o Shivaji Colony, Behind Sabzi Mandi, Town Niwai, Tehsil Newai, District Tonk (Rajasthan). ----Petitioners Versus
1. Nijamuddin @ Nizam S/o Late Nazir Mohammad, Aged About 68 Years, R/o Near Panchayat Samiti Bhawan, Jamat, Jaipur- Tonk Road, Town Niwai, Tehsil Newai, District Tonk (Rajasthan).
2. Abdul Wahid S/o Late Nazir Mohammad, Aged About 63 Years, R/o Near Shivaji Park Road, Near Gaud Dharmshala, Town Niwai, Tehsil Newai, District Tonk (Rajasthan).
3. Mohammad Rafiq S/o Late Nazir Mohammad, Aged About 58 Years, R/o Shivaji Colony, Behind Sabji Mandi, Town Niwai, Tehsil Newai, District Tonk (Rajasthan).
4. Shafiq S/o Ied Mohammad, Aged About 38 Years, R/o Shivaji Colony, Behind Sabji Mandi, Town Niwai, Tehsil
[2025:RJ-JP:25091] (2 of 3) [CW-6520/2025] Newai, District Tonk (Rajasthan).
5. Mahboob S/o Ied Mohammad, Aged About 33 Years, R/o Shivaji Colony, Behind Sabji Mandi, Town Niwai, Tehsil Newai, District Tonk (Rajasthan). ----Respondents For Petitioner(s) : Mr. Sandeep Jain For Respondent(s) :
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order 08/07/2025 The present writ petition has been filed by the petitioners under Article 227 of the Constitution of India for issuing the direction to the Civil Judge, Newai, District Tonk to expeditiously dispose of the case No.91/2021 (Kadeer Mohammad & ors. Vs. Nizamuddin & ors.) preferably within a period of six months.
Learned counsel for the petitioners submits that the case No.91/2021 is pending since 2021 and the evidence has also not been started yet. Therefore, direction may be given to the learned Trial Court for expeditiously dispose of the aforesaid case. As per the factual report No.54 dated 09.05.2025, the application under Order 8 Rule 9 of C.P.C. filed by the plaintiff No.4 on 22.07.2024, is also pending. It is clear from the documents submitted by the plaintiff- petitioners that the plaintiff-petitioners have filed the suit under Section 106 of the Transfer of Property Act. Heard. Perused.
[2025:RJ-JP:25091] (3 of 3) [CW-6520/2025] Looking to the overall facts & circumstances of the case & considering the submissions made at bar, the learned Trial Court is
directed to decide the case No.91/2021 pending before the learned Civil Judge, Newai, District Tonk, preferably within a period of one year in accordance with law, from the date of receipt of certified copy of this order. Consequently, the present writ petition is disposed of. Pending application(s), if any, also stands disposed of. Office is directed to send a copy of this order to the learned Trial Court.
(VINOD KUMAR BHARWANI),J SAURABH /46