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2025 DAILYLAW 45004 (RAJ)

VINOD KUMAR AGGARWAL S/O SHRI GENDALAL AGARWAL v. LATE SMT KAMLA DEVI W/O LATE SHRI PREMNARAYAN SHARMA

CMA/2989/2025 · 2025-12-15

Bipin Gupta

body2025

Judgment text

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[2025:RJ-JP:50585] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2989/2025 Vinod Kumar Aggarwal S/o Shri Gendalal Aggarwal, Aged About 49 Years, R/o 24, Shanti Colony, Gangapol Gate Bahar Baas Badanpura, Jaipur(Raj.). ----Appellant Versus 1. Late Smt Kamla Devi W/o Late Shri Premnarayan Sharma, Aged About 78 Years, R/o House Number 3843, Vishnu Marg, Gangauri Bazarr, Jaipur Police Station Nahargarh, Jaipur North, Rajasthan. 2. Sanjeev Sharma S/o Shri Premnarayan Sharma, Aged About 56 Years, R/o House Number 3843, Vishnu Marg, Gangauri Bazarr, Jaipur Police Station Nahargarh, Jaipur North, Rajasthan. 3. Girish Sharma S/o Shri Premnarayan Sharma, Aged About 56 Years, R/o House Number 3843, Vishnu Marg, Gangauri Bazarr, Jaipur Police Station Nahargarh, Jaipur North, Rajasthan. 4. Smt. Shashi Sharma W/o Shri Sanjeev Sharma, Aged About 53 Years, R/o House Number 3843, Vishnu Marg, Gangauri Bazarr, Jaipur Police Station Nahargarh, Jaipur North, Rajasthan. 5. Lokesh Sharma S/o Shri Premnarayan Sharma, Aged About 48 Years, R/o House Number 3843, Vishnu Marg, Gangauri Bazarr, Jaipur Police Station Nahargarh, Jaipur North, Rajasthan. ----Respondents For Appellant(s) : Mr. Anubhav Sharma with Mr. Himanshu Awasthi For Respondent(s) : Mr. Manu Bhargava with Mr. Ashok Kumar Sharma, Ms. Anukriti Sharma & Mr. Ravi Kant Sharma on behalf of Respondent Nos. 2, 3 & 4 HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 15/12/2025 1. The present civil miscellaneous appeal has been heard at this stage with the consent of both the parties. [2025:RJ-JP:50585] (2 of 2) [CMA-2989/2025] 2. The appeal has been filed against the order dated 17.04.2025, whereby, in the suit for pre-emption, an injunction order has been issued against the appellant herein, to the effect that the status quo is to be maintained as of the site as well as record in regard to the property shown in yellow colour. 3. Both parties do not dispute the family settlement dated 29.01.2022. The rights that have accrued to the petitioner are based on the rights available to his seller under the family settlement dated 29.01.2022. Both parties are in agreement that they will abide by the rights under the family settlement dated 29.01.2022. 4. This Court, therefore, deems it appropriate to direct both parties to maintain status quo with regard to the property in dispute, which has fallen to the share of Mr. Lokesh Sharma in the terms of the family settlement dated 29.01.2022. 5. With the above observations, the civil miscellaneous appeal stands disposed of. 6. All pending application(s), if any, shall also disposed of. (BIPIN GUPTA),J PARSHANT /43