Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1908/2017
1. Shiv Prasad S/o Ramgopal, Bamboolia, Tehsil Sangod, District Kota
2. Banwarilal S/o Shiv Prasad, Panwar, Tehsil Khanpur, District Jhalawar ----Petitioners Versus
1. Mahendra S/o Modulal, Tehsil Sangod, District Kota
2. Raju S/o Balram, Surkhandia, Tehsil Khanpur, District Jhalawar
3. Hemraj S/o Prabhulal, Tehsil Khanpur, District Jhalawar
4. Nandlal S/o Chaturbhuj, Sarola Kalan, Tehsil Khanpur, District Jhalawar ----Respondents For Petitioner(s) : Mr. Rakesh Kumar Adv. For Respondent(s) : Mr. Namesh Nigotia, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order 02/01/2025 The instant petition under Article 227 of the Constitution of India has been filed by the petitioners against the order dated 18.01.2017 passed by the Additional District Judge, Jhalawar (for short ‘the appellate court’) in Civil Miscellaneous Appeal No.20/2015 titled as “Nandlal Vs. Shiv Prasad & Ors.” whereby the appellate court while allowing the appeal filed by the defendant No.4, set-aside the order dated 02.07.2015 passed by the Civil Judge, Khanpur (for short ‘the trial court’) and dismissed the plaintiff-applicant’s application under Order 39 Rule 1 and 2 CPC. However, on the basis of justice equity and good conscience,
(2 of 2) [CW-1908/2017]
directed both the parties to maintain status quo over the plot in question till disposal of the suit. Taking into consideration the facts and circumstances of the present case and more particularly in view of the fact that the suit was filed before the trial court in the year 2014, thereafter 10 years have been passed, the civil writ petition is disposed of with a direction to the trial court to decide the suit, if pending with it, expeditiously, in accordance with Law. Registry is directed to send a copy of this order to the concerned trial court forthwith for information and compliance. Pending application(s), if any, also stand(s) disposed of. Record be sent back to the trial court immediately.
(NARENDRA SINGH DHADDHA),J Gourav/71