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2025 DAILYLAW 25713 (RAJ)

VIKASH CHUDIWALA S/O LATE SHRI TOLARAM CHUDIWALA v. SURESH CHUDIWALA S/O LATE SITARAM CHUDIWALA

CMA/3328/2024 · 2025-07-30

Ganesh Ram Meena

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Judgment text

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[2025:RJ-JP:28948] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3328/2024 Vikash Chudiwala S/o Late Shri Tolaram Chudiwala, R/o Kasba Laxmangarh, District Sikar, At Present R/o 154/6, Mittal Tower, B Wing, Nariman Point, Mumbai-400021. ----Appellant Versus 1. Suresh Chudiwala S/o Late Sitaram Chudiwala, R/o 7 D, Heritage, N.r. Indra Park (Wrongly Mentioned As Chandra Park In The Impugned Judgment), Vasnam Road, Badodara (Gujarat). 2. Rajendra Prasad Chudiwal S/o Late Sitaram (Chudiwala, ), R/o Plot No.9, Road, No. 12, Sector 12 New Panvel (Wrongly Mentioned In Cause Title Of The Order As Panlev But In The Plaint It Has Been Mentioned As Panvel) East, Panvel, Raigarh (Maharashtra). 3. Bhawani Shankar Chudiwala S/o Late Sitaram Chudiwala, R/o Opp. Water Tank, A-4/402, Sector 5, Shanti Nagar, Mira Road, East Thane, Mira Road, (Maharashtra). 4. Rakesh Chudiwala S/o Late Sitaram Chudiwala, R/o A/404, Anand Vatika Residency, Opp. Shapath Residency (Wrongly Mentioned In Cause Title Of The Order As Opp. Anand Vatika Residency), Gotari Road, Varodra (Gujarat). 5. Chaturbhuj Chudiwala S/o Late Sitaram Chudiwala, R/o A/404, Anand Vatika Residency, Opp. Shapath Residency Gotari Road, Varodra (Gujarat). 6. Ramesh Kumar Chudiwala S/o Late Ramswaroop Chudiwala, R/o Shripuria Nepali Mandir, Tinsukia, Post Office And Police Station Tinsukia, District Tinsukia (Assam) 7. Dinesh Agarwal S/o Late Ramswaroop Chudiwala, R/o Khonsa, District Tirap (Arunachal Pradesh). 8. Mahesh Kumar Chudiwala S/o Late Ramswaroop Chudiwala, R/o Flat No. 906, Gulmohar Apartment, Plot No. 3B, Sector 11, Amberai, South West Delhi (Delhi). 9. Naresh Chudiwala S/o Late Ramswaroop Chudiwala, R/o 75-1, Heera Nagar Society, Near Dambhat Parvat Patiya, Surat City, Bombay Market, Surat (Gujarat). [2025:RJ-JP:28948] (2 of 3) [CMA-3328/2024] 10. Sushila Devi Chudiwala W/o Late Shri Brahamdutt Chudiwala, R/o Kasba Laxmangarh, District Sikar At Present Resident Of House No. 893, Guruwas, First Floor, New Paudek Nagar Porvorin, Bardej(Goa) (Since Deceased). 10A. Mukesh S/o Late Brahamdutt Chudiwala, R/o Kasba Laxmangarh, District Sikar At Present Resident Of House No. 893, Guruwas, First Floor, New Paudek Nagar Porvorin, Bardej (Goa). 11. Nandkishor Chudiwala S/o Loate Arjunlal Chudiwala, R/o F-406, Vatika Township, Dambhal, Surat (Gujarat). 12. Shri Laxmikant Chudiwala S/o Shri Jaiprakash Chudiwala, R/o Ward No. 16, Near Bajaj Bhawan, Kasba Laxmangarh, District Sikar,rajasthan. 13. Sandeep S/o Shri Shishupal, R/o Ward No. 19, Near Modi College, Kasba Laxmangarh, District Sikar, Rajasthan. 14. Ishwar Singh S/o Shri Keshar Ram, R/o Village Bujiyanau, Tehsil Laxmangarh, District Sikar, Rajasthan. 15. Nagarpalika, Laxmangarh Through Administrative Officer. 16. Sub-Registrar, Registration Office, Laxmangarh, District Sikar, Rajasthan. ----Respondents For Appellant(s) : Mr. Arvind Gupta For Respondent(s) : Mr. L.L. Gupta Mr. Ashrut Sethi HON'BLE MR. JUSTICE GANESH RAM MEENA Order 30/07/2025 1. This appeal is preferred by the appellant with a challenge to order dated 20.04.2024 passed by the Court of Additional District Judge, Laxmangarh, District Sikar in Civil Misc. Case No. 19/2022, whereby the application filed by the appellant plaintiff under Order 39 Rule 1 & 2 CPC was dismissed. [2025:RJ-JP:28948] (3 of 3) [CMA-3328/2024] 2. At the very outset, learned counsel appearing for respondent Nos. 12 to 14, at present who are the title holder of the suit property and are in actual possession of the suit property, on instruction from the aforesaid respondents states that the respondents will not alienate or transfer the suit property to any other party till disposal of the suit property. 3. Learned counsel appearing for the appellant plaintiff submits that in view of the statement made by counsel for respondent Nos. 12 to 14, the appeal may be disposed. He also prayed that the trial Court may be directed to expedite the proceedings of the suit. 4. In view of the statement made by counsel for respondent Nos. 12 to 14 and the satisfaction of the counsel for the appellant, this appeal is disposed of and the respondents shall not alienate the suit property to any other party till disposal of the suit proceedings. 5. The trial Court is expected to conclude the suit proceedings as early as possible. (GANESH RAM MEENA),J Gaurav Srivastava /162-S