Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 44522 (RAJ)

BAJRANG LAL SON OF LATE SHRI RAMPRASAD v. SMT. PADMA DEVI

CW/15639/2025 · 2025-10-15

Maneesh Sharma

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:42379] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15639/2025 Bajrang Lal S/o Late Shri Ramprasad, aged about 72 Years, R/o Purohit Colony, Sawai Madhopur Road, Near New Mandi Lalsot. Presently At- Plot No. 40, Mayur Vihar Colony, 3rd Lane, Near Jagatpura Railway Crossing Gate, Jagatpura Jaipur 302017 (Rajasthan). ----Petitioner Versus 1. Smt. Padma Devi, aged about 50 Years, W/o Shri Vinod Kumar 2. Vinod Kumar Hs/o Late Shri Rmprasad Sewaka, aged about 56 Years, R/o Vinod General Store Laxmi Vihar Colony, Tibara, Sawai Madhopur Road Lalsot District Dausa. 3. Sitaram S/o Late Shri Ramprasad Sewaka, aged about 62 Years, R/o Kemla Ki Dhani, Khatwa Road, Lalsot, District Dausa. 4. Smt. Tara Devi W/o Late Shri Babulal Sewaka, R/o Berada, Tehsil Barnala, District Sawai Madhopur. 5. Municipality Lalsot Through Its Superintending Officer, Municipality Lalsot. 6. Sub-Registrar Lalsot, Tehsil Office Lalsot, District Dausa (Rajasthan). 7. Virat Shukla, aged about 3 Years, Minor through Father Guardian Shatrughan Singh Shukla S/o Raghunandan Sharma R/o Baimeel Gangapur City, District Sawai Madhopur. 8. Saksham Shukla, aged about 2 Years, Minor through Father Guardian Shatrughan Singh Shukla S/o Raghunandan Sharma R/o Baimeel Gangapur City District Sawai Madhopur. 9. Deshraj Bairwa S/o Mangalram Bairwa, R/o Nimod Tehsil Malarna Dungar District Sawai Madhopur Present Address Sarwasamaj Sewa Sansthan Head Office Opp. New Anaj Mandi, Gangapur Road, Lalsot, District Dausa. 10. Indira Devi W/o Babulal, R/o Kemla Ki Dhani Town, Lalsot, District Dausa. ----Respondents For Petitioner(s) : Mr. Hans Kumar Sharma For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order [2025:RJ-JP:42379] (2 of 3) [CW-15639/2025] 15/10/2025 1. The present writ petition has been filed by the petitioner seeking direction to the learned Trial Court to dispose the civil suit bearing No.23/2023 expeditiously. 2. Learned counsel for the petitioner submits that the petitioner is a senior citizen having age of 72 years who filed a civil suit No.23/2023 which is pending before the learned Trial Court since 2023 and the suit was predominantly for the purpose of Division, Perpetual Injunction and declaring the Stamp deed illegal and nugatory, and that the issues are yet to be framed in the matter. Therefore, he prays that the disposal of the civil suit No.23/2023 may be expedited. 3. In order to buttress his contention, learned counsel for the petitioner relied upon the judgment passed by the Hon'ble Apex Court passed in the matter of Yashpal Jain vs. Sushila Devi & Ors.1 4. Heard and considered the submissions made at bar and perused the material available on record. 5. From a bare perusal of the order-sheets, it is reflected that the civil suit was filed in 2023, and the said suit is pending at the initial stage of framing of issues. 6. The Hon’ble Apex Court in the case of Sangram Sadashiv Suryavanshi vs. State of Maharashtra2 while relying upon the constitutional Bench judgment of the Hon’ble Supreme Court in High Court Bar Association, Allahabad vs. State of U.P.3, has deprecated the practice of the Courts issuing directions to the subordinate Courts to decide the matter within a timeline, the 1 (2023) AIR (SC) 5652 2 2024 SCC OnLine SC 3526 3 2024 INSC 150 [2025:RJ-JP:42379] (3 of 3) [CW-15639/2025] relevant extract of para 47.3 of High Court Bar Association, Allahabad (Supra) is reproduced as under: “47.3. Constitutional courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other courts. Constitutional courts may issue directions for the time- bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the courts concerned where the cases are pending;" 7. Further, this Court is in respectful agreement with the judgment of the High Court of Madras in S. Baby Vs. S.Sakkubai Ammal4, which re-iterated the principle of law laid down in High Court Bar Association, Allahabad (Supra) where it was held as under: "12. The practice of giving preference to any litigation without any justification at all circumstances to be avoided. Every litigant approaching the Court of Law is waiting for justice and thus, it must be done in a consistent manner and without discriminating the litigants. Therefore issuing directions indiscriminately for speedy disposal of cases would do no service to the cause of justice. Every urgency cannot be considered for issuing a direction for speedy disposal, and the urgency, which is imminent alone to be considered." 8. In that view of the matter, this Court is not inclined to issue a direction to the learned Trial Court to decide the pending civil suit within a time-bound manner. The Court concerned is expected to regulate its own procedure in respect of the cases on board for effective disposal and to ensure that the cases are disposed of expeditiously within a reasonable period of time; however, it is expected that the learned Trial Court will not entertain unnecessary and unwarranted requests for adjournment. 9. With the aforesaid direction, the present civil writ petition is disposed of. 10. All pending application(s), if any, shall stand disposed of. (MANEESH SHARMA),J DEEPA-1 4 2023 SCC OnLine Mad 674