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2025 DAILYLAW 3910 (RAJ)

PRADEEP GARG SON OF SHRI RAMLAL GARG v. MUNICIPAL CORPORATION

CW/1090/2025 · 2025-01-29

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:4075] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1090/2025 Pradeep Garg Son of Shri Ramlal Garg, Aged About 58 Years, Resident Of Vinayakam, Lohagal Road, Ajmer. ----Petitioner/Applicant Versus 1. Municipal Corporation, Ajmer Through Its Chief Executive Officer, Municipal Corporation Office, P.R. Marg, Ajmer. ----Respondent/Defendant 2. Govind Garg Son of Shri Ramlal Garg, Aged About 62 Years, Resident of Vinayakam, Lohagal Road, Ajmer. ----Proforma-Respondent/Plaintiff For Petitioner(s) : Mr. Dilip Sharma For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 29/01/2025 1. Petitioner has preferred this writ petition under Article 227 of the Constitution of India, impugning the order dated 10.12.2024 passed in Civil Suit No.156/2016 titled as ‘Govind Garg Vs. Municipal Corporation, Ajmer’ by the Court of Civil Judge and Judicial Magistrate, Ajmer (South), Ajmer, dismissing his application under Order 1 Rule 10 read with Section 151 CPC, seeking impleadment as party co-plaintiff in the civil suit for permanent injunction filed by the respondent No.2-plaintiff. 2. Having argued the writ petition for some time, counsel for petitioner has pointed out that his brother respondent No.2 has filed civil suit for permanent injunction against the Municipal Corporation, Ajmer, not to demolish the property in question and [2025:RJ-JP:4075] (2 of 2) [CW-1090/2025] petitioner being true owner seeks to add as co-plaintiff in the same suit. However, the instant suit was filed way back in the year 2015 and has reached at the stage of final arguments. 3. In that view, counsel for petitioner does not press this writ petition against the impugned order dated 10.12.2024 and seeks liberty to file a fresh independent suit on his behalf, if need so arises. 4. In view of above, without interfering with the impugned order, the writ petition is dismissed with the liberty as prayed for. 5. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J RONAK JAIMAN/54