SMT. RABIYAN ALIAS RABIA, W/O LATE SHRI IQBAL HUSSAIN v. SMT. KHATUN, W/O-SHRI FAIMYAZ
CW/11347/2024 · 2025-05-20
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23592 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23592 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:22884] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11347/2024 Smt. Rabiyan Alias Rabia, W/o Late Shri Iqbal Hussain, Aged About 67 Years, R/o- 174, Behind Karim Hotel, Jalupura, Jaipur ----Petitioner Versus
1. Smt. Khatun, W/o-Shri Faimyaz, R/o- 293 Jalupura, Sansar Chand Road, Jaipur.
2. Imran Khan, S/o Late Shri Iqbal Hussain, Aged About 40 Years, R/o- 174, Behind Karim Hotel, Jalupura, Jaipur
3. Naseem Irfan Khan, D/o- Late Shri Iqbal Hussain, W/o- Irfan Khan, Aged About 44 Years, R/o-701, Hemu, Mijes City S No-245, Village- Bandivali, Patel Estate Road, Jogeshwari, -West, Mumbai-4001002
4. Taslim Bano, W/o- Mohd. Sadiq, D/o- Late Shri Iqbal Hussain, Aged About 42 Years, R/o- 174, Behind Karim Hotel, Jalupura, Jaipur
5. Shaheen Asad Ali Khan Bhati, W/o- Asad Ali Khan Bhati, D/o- Late Shri Iqbal Hussain, R/o- Flat No- 602-603, A Wing, Nagina Chs, Ltd, Sani Shopping Centre, Opposite- Jogeshwari Railway Station, Jogeshwari-West, Mumbai- 400102
6. Shabnam Ali, W/o Shri Wasim Ali, D/o- Late Shri Iqbal Hussain, Aged About 34 Years, R/o- 174, Behind Karim Hotel, Jalupura, Jaipur
7. Wasim Akarm, S/o- Late Shri Iqbal Hussain, Aged About 33 Years, R/o- Near Aapesh Masjid, Ward No-01, Mohalla- Narwan, Sikar-332001
8. Kulsoom Bano, D/o- Late Shri Iqbal Hussain, Aged About 31 Years, R/o- 174, Behind Karim Hotel, Jalupura, Jaipur
9. Mohammed Rizwan, S/o- Late Shri Iqbal Hussain, Aged About 28 Years, R/o- 174, Behind Karim Hotel, Jalupura, Jaipur
10. Mohammed Aadil S/o- Late Shri Iqbal Hussain, Aged About 27 Years, R/o- 174, Behind Karim Hotel, Jalupura, Jaipur
11. Mehnaz Iqbal Hussain, D/o- Late Shri Iqbal Hussain, Aged About 24 Years, R/o- 174, Behind Karim Hotel, Jalupura, Jaipur ----Respondents For Petitioner(s) : Mr. Arpit Jain
[2025:RJ-JP:22884] (2 of 3) [CW-11347/2024] HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 20/05/2025 This writ petition has been filed seeking expeditious disposal of Civil Suit No.10/2019 (54/2019) titled as Smt. Rabia Alias Rabiya Versus Imran Khan & Ors. pending before the Learned Additional District and Sessions Judge No.4, Jaipur Metropolitan- II.
Learned counsel for the petitioner submits that petitioner who is plaintiff before the learned trial court filed a partition suit in the year 2019. He submits that the said suit was decreed in favour of the petitioner on 30.09.2019. It is submitted that after four years, an application has been filed by respondent No.1 under
order 9 Rule 13 read with Section 151 of Civil Procedure Code for setting aside the ex-parte order and ex-parte judgment passed by learned trial court vide order dated 11.03.2019 and 30.09.2019, respectively. Counsel submits that the said application was allowed and civil suit filed by the petitioner was restored. It is submitted that since then, matter is pending for one and another reason as several applications have been filed by respondent No.1. Counsel further submits that petitioner is 67 years old Senior Citizen female and she is waiting for disposal of the suit filed by her. In these circumstance, learned trial court may be directed to expedite the proceedings at earliest. Considering the limited prayer made by learned counsel for the petitioner, I deem it just and proper to dispense with the service of respondent No.1 and learned trial court is directed to
[2025:RJ-JP:22884] (3 of 3) [CW-11347/2024] conclude the trial on or before 31.07.2026 from the date of receipt of certified copy of this order. It is expected from the Court concerned that unnecessary adjournments on casual grounds may not be given and proceedings would be conducted on day-to-day basis. With the aforesaid directions, this writ petition stands
disposed of. Pending applications (if any) also stand disposed of.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /86