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2025 DAILYLAW 8440 (RAJ)

OMPRAKASH S/O BABULAL v. RAJENDRA PRASAD S/O BABULAL

CW/3025/2025 · 2025-04-08

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:16319] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3025/2025 Omprakash S/o Babulal, Aged About 71 Years, Resident Of F-20, Mohan Nagar, Station Road, Hindaun City, District Karauli (Rajasthan). --Non-Applicant-Petitioner Versus 1. Rajendra Prasad S/o Babulal, Aged About 65 Years, Resident Of F-20, Mohan Nagar, Station Road, Hindaun City, District Karauli (Rajasthan) ----Applicant-Respondent 2. Public, At Large 3. Ashok S/o Babulal, Aged About 67 Years, Resident Of F- 20, Mohan Nagar, Station Road, Hindaun City, District Karauli (Rajasthan) 4. Krishna Kanhaiya Goyal S/o Babulal, Aged About 59 Years, Resident Of B-2/10, Gandhi Path, Chitrakoot, Vaishali Nagar, Jaiur (Rajasthan). 5. Vidhya D/o Babulal, Aged About 61 Years, Resident Of P.K. Gupta, Near Jain Temple, Nasiya Colony, Gangapur City, District Sawai Madhopur (Rajasthan) 6. Kriti Gupta D/o Prem Devi, Resident Of M.L. Gupta, 22A, Sector B, Rajendra Vihar, Akashwali Colony, Kota (Rajasthan) --Performa-Respondents For Petitioner(s) : Mr. Umesh Vyas HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 08/04/2025 This writ petition under Article 227 of the Constitution of India has been filed against the order dated 25.11.2024 passed by learned Additional District Judge No.2, Hindaun City, District Karauli in Civil Misc. Application No.35/2023 whereby the application under Section 151 CPC, filed by plaintiff/applicant- respondent herein, seeking direction for depositing lease amount of the disputed property, given on lease deed to Bank of Baroda, [2025:RJ-JP:16319] (2 of 2) [CW-3025/2025] with the court during pendency of the present suit, has been allowed. In the said application, the plaintiff-respondent prayed that the lease deed amount of the property in question may not be deposited in the bank account of defendant Omprakash till final decision and instead of this, same may be deposited in the court. Vide order impugned, the learned trial court directed that instead of releasing lease deed amount in favour of defendant Babulal, same may be kept in FDR. After hearing learned counsel for the petitioner and perusing the impugned order, I am of the considered opinion that learned trial court has not committed any illegality or perversity in allowing the application filed by the plaintiff-respondent. Validity of the probate will in question dated 22.02.2023 is yet to be established and proceedings in this respect, are still going on before the court concerned. Thus, in order to avoid any further complications and multiplicity of proceedings/litigation, the learned trial court has rightly allowed the application of the applicant-respondent herein and directed the Bank of Baroda not to release lease in favour of defendant Omprakash. I do not find any illegality or unfairness in the order impugned. Accordingly, the instant writ petition lacks merit, which is dismissed as such. (ANIL KUMAR UPMAN),J CHARU SONI /33