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2025 DAILYLAW 23757 (RAJ)

RAJU SHARMA S/O LATE SHREE MOOL CHAND SHARMA v. KAMAL S/O RAMESHWAR

CW/10502/2025 · 2025-07-22

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:27290] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10502/2025 Raju Sharma S/o Late Shree Mool Chand Sharma, Aged About 55 Years, R/o Rama Ki Dhani, Aguna Ka Baad Village- Bhankrota, Tehsil-Sanganer, District Jaipur Raj. ----Petitioner Versus 1. Kamal S/o Rameshwar, R/o Rama Ki Dhani, Aguna Ka Baad Village- Bhankrota, District Jaipur Raj. 2. Mangli Devi W/o Late Prabhati Lal, R/o Rama Ki Dhani, Aguna Ka Baad Village- Bhankrota, District Jaipur Raj. 3. Rameshwar S/o Kanaram, R/o Rama Ki Dhani, Aguna Ka Baad Village- Bhankrota, District Jaipur Raj. 4. Nagar Nigam, Greater, Through Deputy Commissioner, Shiprapath, Mansarovar, Near By Office Of Fire Brigade, Mansarovar, Jaipur. 5. Government Of Rajasthan, Through Tehsildaar Sanganer, Jaipur. ----Respondents For Petitioner(s) : Mr. Shubham Agarwal with Mr. J.P. Bhardwaj & Mr. Tarun Mishra HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 22/07/2025 Learned counsel for the petitioner has filed this writ petition with the following relief: “Therefore’ respectfully prayed that this Honourable Court may kindly be pleased to accept and allow this writ petition and be pleased to:- [2025:RJ-JP:27290] (2 of 3) [CW-10502/2025] 1. Issue an appropriate writ, order or direction in the nature there for issuance of positive direction for expeditious disposal of application for Temporary Injunction filed by the petitioner before the learned Court of S.D.O. Jaipur City (South). 2. And the respondent may be restrained from construction and directed to maintain status quo of the said land. 3. Any other appropriate writ order or directions which the Honourable Court deems fit and proper may also be passed in favour of the petitioner and cost be also awarded.” Learned counsel for the petitioner submits that a suit for permanent injunction was filed by the petitioner along with application for temporary injunction. Counsel submits that notice has already been served upon the opposite party however, order is not being passed by the learned trial Court on the application filed by the petitioner for grant of temporary injunction. Counsel submits that in these circumstances, learned trial Court may be directed to dispose of the application filed by the petitioner for grant of temporary injunction. Considering the overall facts and circumstances of the case and further considering the limited prayer made by learned counsel for the petitioner, I deem it just and proper to dispose of this writ petition with direction to the learned trial Court to [2025:RJ-JP:27290] (3 of 3) [CW-10502/2025] expedite the hearing of the application filed by the petitioner for temporary injunction and shall make all endeavour to dispose of the same after giving opportunity of hearing to all the affected parties within a period of two months. It is made clear that this Court has not passed any observation on the merits of the case thus, learned trial Court shall decide the application in accordance with law without being influenced or prejudiced by this order. (ANIL KUMAR UPMAN),J LALIT MOHAN /69