Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 29529 (RAJ)

SMT. NIRMALA DEVI ALIAS NIRMALA BAI D/O LAKSHMINARAYAN, W/O LATE OM PRAKASH SUVALAKA v. DURGA SHANKAR ALIAS DURGA LAL SUVALAKA, S/O LAKSHMINARAYAN

CMA/1936/2021 · 2025-01-17

Ashok Kumar Jain

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:2548] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1936/2021 Smt. Nirmala Devi Alias Nirmala Bai D/o Lakshminarayan, W/o Late Om Prakash Suvalaka, Aged About 64 Years, R/o Pech Ki Bawadi, Tehsil Hindoli, District Bundi Rajasthan. ----Appellant Versus 1. Durga Shankar Alias Durga Lal Suvalaka, S/o Lakshminarayan, Aged About 67 Years, Shivraj Nagar Hindoli, District Bundi, Rajasthan. 2. Gopal S/o Lakshminaryan, Aged About 55 Years, R/o Village Kacholla, Tehsil Hindoli, District Bundi, Rajasthan. 3. Mukesh Kumar Suvalaka S/o Lakshminaryan Suvalaka, Aged About 50 Years, R/o Pech Ki Bawadi, Tehsil Hindoli, District Bundi, Rajasthan. 4. Ghanshyam S/o Lakshminarayan Suvalaka, Aged About 48 Years, R/o Pech Ki Bawadi, Tehsil Hindoli, District Bundi, Rajasthan. 5. Smt Prem Devi D/o Lakshminaryan W/o Bagmal, Aged About 55 Years, R/o Amarwasi, Tehsil Jahajpur, District Bhilwara, Rajasthan. 6. Sanjay Kumar S/o Ratan Lal Suvalaka, Aged About 43 Years, R/o Pech Ki Bawadi, Tehsil Hindoli, District Bundi, Rajasthan. 7. Raj Kumar S/o Ratan Lal Suvalaka, R/o Village Kacholla, Tehsil Hindoli, District Bundi 8. Dharmendra Kumar S/o Ratan Lal Suvalaka, Aged About 35 Years, R/o Village Kacholla, Tehsil Hindoli, District Bundi 9. Smt Gita Devi W/o Late Ratan Lal Suvalaka, Aged About 60 Years, R/o Village Kacholla, Tehsil Hindoli, District Bundi 10. Smt Rani D/o Ratan Lal, W/o Pawan Kumar, Aged About 30 Years, R/o Village Kacholla, Tehsil Hindoli, District Bundi 11. State Of Rajasthan Through Tehsildar, Hindoli, District Bundi, Rajasthan. [2025:RJ-JP:2548] (2 of 4) [CMA-1936/2021] ----Respondents Connected With S.B. Civil Contempt Petition No. 805/2021 Suo Moto, By Honorable Court ----Appellant Versus 1. Mukesh Kumar Suvalaka S/o Lakshminarayan Suvalaka, R/o Pech Ki Bawadi, Tehsil Hindoli, District Bundi, Rajasthan 2. Ghanshyam S/o Lakshminarayan Suvalaka, R/o Pech Ki Bawadi, Tehsil Hindoli, District Bundi, Rajasthan ----Respondents For Appellant(s) : Mr. N.K. Maloo, senior advocate with Mr. N.K. Singhal For Respondent(s) : Mr. Lokesh Tailor for Mr. Amit Jindal Mr. Praveen Kumar Jain with Mr. Nikhil Jain HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/01/2025 S.B. Civil Miscellaneous Appeal No. 1936/2021: 1. Considered application No.01/2024 for early listing. Same is disposed of. 2. Application No.01/2022 filed for modification in order dated 30.11.2021 is dismissed as withdrawn. 3. Considered the submissions of learned senior advocate for appellant and learned counsel for respondents. 4. A suggestion is moved by both the sides that the order dated 30.11.2021 be made applicable till disposal of civil suit and the [2025:RJ-JP:2548] (3 of 4) [CMA-1936/2021] trial court is directed to dispose of the civil suit within a period of three years after receipt of copy of this order. 5. Learned senior advocate for appellant also submitted that he has no objection in case CCP No.805/2021 is dropped against respondent(s). 6. Having considered the submissions of learned senior advocate for appellant and learned counsel for respondent the instant civil misc. appeal is disposed of and the parties of the partition suit are directed to maintain status quo relating to property in question in terms of the order dated 30.11.2021 till disposal of civil suit pending before the trial court. 7. Learned trial court is also directed to make all endeavours to dispose of civil suit as early as possible, preferably within three years after receipt of copy of this order, avoiding unnecessary adjournment. 8. Record be returned accordingly. 9. Misc. appeal along with application, if any, stands disposed of. S.B. Civil Contempt Petition No. 805/2021: 1. In pursuant to order dated 30.11.2021 notice has been issued to Mukesh Kumar and Ghanshyam for contempt under Section 12 of Contempt of Court Act 1971. 2. Learned senior advocate for plaintiff Nirmala Devi submitted that the parties are closely related to each other and he has no objection in case the contempt initiated against both the respondents is dropped. [2025:RJ-JP:2548] (4 of 4) [CMA-1936/2021] 3. Learned counsels appearing for Mukesh Kumar and Ghanshyam submitted that the respondents tender unconditional apology and submits that the matter be dropped against them. 4. Having considered the order dated 30.11.2021 and gesture of the counsel for the parties, it is appropriate to close the contempt proceedings if both the respondents file a written unconditional apology within two weeks before this Court. 5. After filing of unconditional apology matter stands closed but if same is not filed within two weeks, the matter be placed before this Court. 6. Accordingly, S.B. Civil Contempt Petition No. 805/2021 stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /65-66