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2025 DAILYLAW 50144 (RAJ)

NAZIR KHAN, S/O BHURE KHAN v. RAJEEV JHUNJHUNUWALA, S/O LATE SHRI RAGHUNATH PRASAD JHUNJHUNUWALA

CMA/4894/2025 · 2025-11-26

Bipin Gupta

body2025

Judgment text

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[2025:RJ-JP:47910] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4894/2025 1. Nazir Khan, S/o Bhure Khan, Aged About 78 Years, Resident Of Village Post Rajas, Tehsil Laxmangarh, District Sikar (Rajasthan), Presently Residing At Plot No. 151, Krishna Colony, Naya Kheda, Ambawadi, Jaipur, District Jaipur (Rajasthan).(Deceased) Through Legal Representatives. 2. Babuali S/o Late Nazir Khan, Resident Of Village Rajas, Tehsil Laxmangarh, District Sikar (Rajasthan) And Plot No. 151, Krishna Colony, Naya Kheda, Ambawadi, Jaipur (Rajasthan) ----Appellants Versus 1. Rajeev Jhunjhunuwala, S/o Late Shri Raghunath Prasad Jhunjhunuwala, Resident Of Laxmangarh, District Sikar (Rajasthan), Presently Residing At 1/b, Nando Malik Lane, Oswal Bhawan, Bedon Street, P.s. Girish Park, Kolkata (West-Bengal) - 700006. 2. Siddharth Jhunjhunuwala, S/o Late Shri Raghunath Prasad Jhunjhunuwala, Resident Of Laxmangarh, District Sikar (Rajasthan), Presently Residing At 1/b, Nando Malik Lane, Jhunjhunuwala House, P.s. Girish Park, Kolkata (West-Bengal) - 700006. 3. Rinku Biyani, S/o Vishwanath Biyani, Resident Of Ward No. 18, Fatehpur, District Sikar (Rajasthan). 4. Nemichand Dhaka, S/o Bhagwanaram, Resident Of Village Bhooma Bada, Tehsil Laxmangarh, District Sikar (Rajasthan). 5. Babulal Godara, S/o Mohan Singh, Resident Of Village Kandalau, Post Batdanau, Tehsil Laxmangarh, District Sikar (Rajasthan). 6. Ajay Nirania, S/o Sanwarmal Nirania, Resident Of Ward No. 20, Laxmangarh, District Sikar (Rajasthan). 7. Hemant Jangid, S/o Yagyadatt Jangid, Resident Of 150/1, Bhagwan Bahubali Nagar, Niwaru Road, Jhotwara, Jaipur (Rajasthan). 8. Satyendra Arya, S/o Mohan Singh Arya, Resident Of [2025:RJ-JP:47910] (2 of 3) [CMA-4894/2025] Village Kaswali, Tehsil Laxmangarh, District Sikar (Rajasthan). 9. Birbal Singh Fagedia, S/o Ishwar Singh Fagedia, Resident Of Village Manasi, Tehsil Laxmangarh, District Sikar (Rajasthan). 10. Samim Bano, D/o Late Nazir Khan, Resident Of Village Rajas, Tehsil Laxmangarh, District Sikar (Rajasthan) And W/o Slim Khan R/o Rasulpura, Tehsil Ramgarh Sethan, District Sikar (Raj). 11. Islam, D/o Late Nazir Khan, Resident Of Village Rajas, Tehsil Laxmangarh, District Sikar (Rajasthan) And W/o Gaffur Khan R/o Village Jajod Tehsil Laxmangarh, District Sikar (Raj). 12. Khateja Bano, D/o Late Nazir Khan, Resident Of Village Rajas, Tehsil Laxmangarh, District Sikar (Rajasthan) And W/o Aslam Khan R/o Badabas, Ladnu, Tehsil Ladnu, District Didwana-Kuchaman(Raj) 13. Razia Bano, D/o Late Nazir Khan, Resident Of Village Rajas, Tehsil Laxmangarh, District Sikar (Rajasthan) And W/o Babuali R/o Village Miyan Ki Dhani, Tehsil Dataramgarh, District Sikar, (Raj). 14. Manju Bano, D/o Late Nazir Khan, Resident Of Village Rajas, Tehsil Laxmangarh, District Sikar (Rajasthan) And W/o Mustak Khan R/o Village Jajod Tehsil Laxmangarh, District Sikar (Raj). 15. Imran Khan, S/o Late Nazir Khan, Resident Of Village Rajas, Tehsil Laxmangarh, District Sikar (Rajasthan).present Address Plot No. 151, Krishna Colony, Naya Kheda, Ambawadi, Jaipur (Rajasthan) 16. Mohd. Irfan, S/o Late Nazir Khan, Resident Of Village Rajas, Tehsil Laxmangarh, District Sikar (Rajasthan).present Address Plot No. 151, Krishna Colony, Naya Kheda, Ambawadi, Jaipur (Rajasthan) 17. Mohsin, S/o Late Nazir Khan, Resident Of Village Rajas, Tehsil Laxmangarh, District Sikar (Rajasthan).present Address Plot No. 151, Krishna Colony, Naya Kheda, Ambawadi, Jaipur (Rajasthan) 18. Alhamdo Bano, W/o Late Nazir Khan, Resident Of Village Rajas, Tehsil Laxmangarh, District Sikar (Rajasthan) [2025:RJ-JP:47910] (3 of 3) [CMA-4894/2025] Present Address Plot No. 151, Krishna Colony, Naya Kheda, Ambawadi, Jaipur (Rajasthan). ----Respondents For Appellant(s) : Mr. Intzar Ali on behalf of Mr. Yunus Khan For Respondent(s) : Mr. Amit Jindal HON'BLE MR. JUSTICE BIPIN GUPTA Order 26/11/2025 1. The present appeal has been filed against the order dated 26.08.2025 wherein the ad-interim relief has been denied by the learned Trial Court in pending application filed under Order 39 Rules 1 & 2 CPC. 2. Without joining the issue on merits, learned counsel for the appellant submits that he would be satisfied if the learned Trial Court is directed to decide the temporary injunction application within a period of 30 days without being influenced by the rejection of ad-interim order dated 26.08.2025. 3. Considering the same, this Court deems it appropriate to direct the learned Trial Court to decide the pending temporary injunction application filed under Order 39 Rules 1 & 2 CPC within a period of 30 days if the service is complete, from the date of receipt of certified copy of this order in accordance with law without being influenced by the order dated 26.08.2025. With the above observations, the present Civil Misc. Appeal stands disposed of. All pending application(s), also stand disposed of. (BIPIN GUPTA),J MAHIMA/17