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2025 DAILYLAW 17061 (RAJ)

LAL CHAND S/O HANUMAN PRASAD SHARMA v. SHRI NARAYAN TIWARI S/O LATE SHRI BHONRI LAL TIWARI

CW/6428/2025 · 2025-08-12

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:31388] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6428/2025 1. Lal Chand S/o Hanuman Prasad Sharma, Resident Of House No. 2711, 2Nd Crossing, Behind Akash Deep School, Jat Ke Kuwe Ka Rasta, Chandpole Bazar, Jaipur (Raj.) 2. Rameshwari Devi W/o Lal Chand Sharma, Resident Of House No. 2711, 2Nd Crossing, Behind Akash Deep School, Jat Ke Kuwe Ka Rasta, Chandpole Bazar, Jaipur (Raj.) ----Petitioners/Defendants No.3 and 4 Versus 1. Shri Narayan Tiwari S/o Late Shri Bhonri Lal Tiwari, Resident Of House No. 20/2503, Jai Lal Munshi Ka Rasta, Purani Basti, P.s. Nahargarh, Jaipur (Raj.) (Died During Pendency Of Suit) 1/1. Aashish Tiwari S/o Late Shri Shrinarayan Tiwari, Resident Of House No. 2503, Jai Lal Munshi Ka Rastra, Purani Basti, P.S. Nahargarh, Jaipur (Raj.) 1/2. Shivani Tiwari D/o Late Shri Shrinarayan Tiwari, Resident Of House No. 2503, Jai Lal Munshi Ka Rastra, Purani Basti, P.S. Nahargarh, Jaipur (Raj.) ----Respondents/Plaintiffs 2. Amit Tiwari S/o Late Shri Satyanarayan Tiwari, Resident Of House No. 20/20/2503, Jai Lal Munshi Ka Rasta, Purani Basti, P.S. Nahargarh, Jaipur (Raj.) (Died During Pendency Of Suit). 2/1. Smt. Sarla Devi W/o Late Shri Amit Tiwari, Resident Of House No. 20/2503, Jai Lal Munshi Ka Rasta, Purani Basti, P.s. Nahargarh, Jaipur, 2Nd Address Plot No. 2, Yadav Dhani, Sandhya Marg, Chitrakoot, Vaishali Nagar, Jaipur (Raj.) 2/2. Smt. Pryanshi D/o Late Shri Amit Tiwari, Resident Of House No. 20/2503, Jai Lal Munshi Ka Rasta, Purani Basti, P.s. Nahargarh, Jaipur, 2Nd Address Plot No. 2, Yadav Dhani, Sandhya Marg, Chitrakoot, Vaishali Nagar, Jaipur (Raj.) 3. Anju Tiwari W/o Shri Ramesh Chand Pareek D/o Late Shri [2025:RJ-JP:31388] (2 of 3) [CW-6428/2025] Satyanarayan Tiwari, Resident Of 24, Krishi Colony, Surya Nagar, Near Taro Ki Koont, Sanganer, Jaipur (Raj.) ----Proforma-Respondents/Defendants No.1 and 2 4. Collector (Stamp), Jaipur Office Collectorate Premises, Bani Park, Jaipur (Raj.) ----Proforma-Respondent/Defendant No.5 For Petitioner(s) : Mr. R.K. Daga For Respondent(s) : Mr. Mukesh Kumar Saini HON'BLE MR. JUSTICE GANESH RAM MEENA Order 12/08/2025 The parties are present in Court who are identified by their counsels and their signatures have been obtained in the Court’s order-sheet. This present writ petition has been filed by the petitioners/defendants challenging order dated 21.04.2025 passed by the learned Additional District & Sessions Judge No.4, Jaipur District, Jaipur in Civil Suit No.85/2018 whereby, the application filed by the defendant under Order 9 Rule 7 CPC was dismissed. The Court vide order dated 29.04.2025, ordered to issue notice to the respondents and further stay the proceedings of civil suit. Learned counsel for the appellants submits that the parties have entered into a compromise which is placed on record alongwith the application (IA No.1/2025) and as per the compromise, plaintiffs/respondents No.1/1 and 1/2 seek to withdraw the suit itself. [2025:RJ-JP:31388] (3 of 3) [CW-6428/2025] Learned counsel for the plaintiffs/respondents, on instructions, submits that the plaintiffs/respondents want to withdraw the suit proceedings. However, because of interim passed by this Court 29.04.2025, they would not withdraw the suit till date. In view of the compromise arrived at between the parties, the present writ petition is disposed of. The plaintiffs/respondents would be free to make an application for withdrawal of the suit proceedings before the learned trial Court and the same may be disposed of in accordance with law. Stay application as well as pending application, if any, also stands disposed of. (GANESH RAM MEENA),J Ashish Kumar /48