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2025 DAILYLAW 20082 (RAJ)

DR. SHALBHADRA BAFNA S/O LATE SHRI SAMPAT LAL NAFNA v. MRS. KAPILA D/O LATE SHRI BHANWARLAL SUHALKA W/O SHRI SHALBHADRA BAFNA

CW/9916/2025 · 2025-08-14

Ganesh Ram Meena

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:33047] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9916/2025 Dr. Shalbhadra Bafna S/o Late Shri Sampat Lal Nafna, Aged About 81 Years, Resident Flat No.- M-035, Ashiana Mangalam, Utsav Building, Ground Floor, Kalwar Road, Village Manchwa, Jaipur District Jaipur, Presently Residing At- Senior Citizen Home, Near Jaipuria Vidyalaya, Behind Rukmani Devi Prasad Jaipur, Jaipuria Hospital, Indira Nagar, Jln Marg, Jaipur, Rajasthan. ----Petitioner/Plaintiff/Husband Versus 1. Mrs. Kapila D/o Late Shri Bhanwarlal Suhalka W/o Shri Shalbhadra Bafna, Aged About 65 Years, Resident Flat No.- M-035, Ashiana Mangalam, Utsav Building, Ground Floor, Kalwar Road, Village Manchwa, Jaipur District Jaipur 2. Hdfc Bank, Through Branch Manager, Address- Ashok Marg C Scheme Jaipur Rajasthan. ----Respondents/Defendants For Petitioner(s) : Mr. Sandeep Sharma (through vc) HON'BLE MR. JUSTICE GANESH RAM MEENA Order 14/08/2025 The present writ petition has been filed by the petitioner with a prayer to issue direction to the learned Family Court No.1, Jaipur Metropolitan-I for early disposal of the Civil Suit No.12/2024. Heard. Considered the submissions made by counsel for the petitioner. As per the facts on record, the petitioner has instituted a civil suit against the respondent/wife and the bank for declaration, eviction, mandatory and permanent injunction in relation to the immovable properties. The summons of the plaint has been issued [2025:RJ-JP:33047] (2 of 2) [CW-9916/2025] to the defendants. An application under Section 10 CPC was filed by the respondent No.1 and the matter was being adjourned for orders on the said application. The suit has been instituted on 29.11.2024 only and its proceedings are at initial stage. Large number of suits may be pending which might have been instituted much prior to the present. Having regard to the totality of the facts of this case and more particularly the fact that the suit has been instituted only on 29.11.2024 and no direction as prayed in the present writ petition can be issued at this stage. Accordingly, the present writ petition is dismissed. (GANESH RAM MEENA),J Ashish Kumar /72