[2025:RJ-JP:20773] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 104/2019 Mudit Sawhney S/o Late Shri Triloki Nath Sawhney, Aged About 60 Years, R/o 662, Adarsh Nagar, Jaipur. ----Petitioner Versus 1. National Housing Co-Operative Society Ltd., Jaipur Through The Liquidator Shri Rajkumar Sharma, Inspector, Office Of Registrar Cooperative Institutions-Community Center, Dev Nagar Tonk Road Jaipur. 2. 3. 4. Sanjay S/o Late Shri Triloki Nath Sawhney, R/o 662, Adarsh Nagar, Jaipur. Neelam D/o Late Shri Triloki Nath Sawhney, R/o 662, Adarsh Nagar, Jaipur. Anu D/o. Late Shri Triloki Nath Sawhney, R/o 662, Adarsh Nagar, Jaipur. 5. Government of Rajasthan, Through The Chief Secretary, Secretariat, Jaipur. 6. The Secretary, Urban Development And Housing Department, Secretariat, Jaipur. 7. Jaipur Development Authority, Through The Commissioner, Jawahar Lal Nehru Marg, Jaipur. 8. Union Of India, Through The Commissioner, Central Excise Custom Department, Near Statue Circle, Janpath Marg, Jaipur (Raj.). 9. Topkhana Desh Nirman Sahkari Samiti Ltd., 2, Hathroi, Ajmer Road, Jaipur (Raj.). ----Respondents For Petitioner(s) : Mr. Ranveer Singh Mehta, Adv. For Respondent(s) : None HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 16/05/2025 This civil revision petition has been filed by the petitioner under Section 115 CPC against the order dated 11.04.2019 passed by Additional District Judge No.11, Jaipur Metropolitan, Jaipur in [2025:RJ-JP:20773] (2 of 2) [CR-104/2019] Civil Suit No.116/2012, whereby the application filed by the petitioner under Order 7 Rule 11 CPC has been dismissed. Learned counsel for the petitioner submits that respondent- plaintiff-National Housing Cooperative Society Limited, Jaipur is a prospective purchaser. When the prospective purchaser (National Housing Cooperative Society Limited, Jaipur) has already filed a suit for specific performance of contract, declaration and permanent injunction, after acquisition of the land in question, the only relief which can be granted to the respondent-plaintiff in the said suit is to refund the consideration money on success of the suit. In this view of the matter, this Court vide its judgment dated 17.10.2023 passed in SB Civil Miscellaneous Appeal No.413/1991 titled as “The State of Rajasthan & Others. Vs. Late Shri Trilok Nath Sahani & Others” held the respondent-plaintiff entitled for refund of consideration money and did not impleaded him as a respondent in the appeal. Thus, the suit filed by the National Housing Cooperative Society Limited, Jaipur for specific performance of the contract of being not maintainable, the present civil revision petition be disposed of accordingly. Taking into consideration the facts and circumstances of the case, the civil revision petition filed by the petitioner is disposed of in the light of the order dated 17.10.2023 passed by this Court in S.B. Miscellaneous Appeal No.413/1991. Pending application(s), if any, stand(s), disposed of. (NARENDRA SINGH DHADDHA),J AVINASH GULERIA /46