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2025 DAILYLAW 9649 (RAJ)

TARA CHAND CHOUDHARY v. KAMLESH KUMAR SETHI AND ORS

CW/1796/2009 · 2025-02-04

Narendra Singh Dhaddha

body2025

Judgment text

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[2025:RJ-JP:4836] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1796/2009 Tara Chand Choudhary Son Of Navrang Singh Choudhary, R/o Plot No. 16, Coaching Center Sangam Hotel Madan Vihar Colony, Jodla Power House, Opposite Balaji Dharamkanta, Sikar Road, Jaipur. ----Petitioner Versus 1. Kamlesh Kumar Sethi Son Of Chhotelal Sethi R/o Plot No. B-261 Old Vidhydhar Nagar, Jaipur. 2. Addl. Civil Judge J.d. And Judicial Magistrate First Class West, Jaipur City, Jaipur. 3. Addl. District And Sessions Judge No.9, Jaipur City, Jaipur ----Respondents For Petitioner(s) : Mr. Gaurav Gupta For Respondent(s) : None present HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 04/02/2025 This civil writ petition has been filed under Article 226 and 227 of the Constitution of India against the order dated 03.02.2009 passed by Additional District and Sessions Judge No. 9, Jaipur City, Jaipur (for short ‘the appellate Court’) in civil misc. appeal No. 50/2006 whereby the said court dismissed the appeal filed by the defendant-petitioner and affirmed the order dated 21.08.2006 passed by the Additional Civil Judge (J.D.) and Judicial Magistrate First Class (West), Jaipur City, Jaipur (for short ‘the trial Court’) in TI Application No. 541/2005, whereby the trial [2025:RJ-JP:4836] (2 of 2) [CW-1796/2009] Court allowed the temporary injunction application filed by he plaintiff-respondent. This Court vide order dated 01.08.2013 restrained plaintiff respondent from raising any construction in the shop in question. Taking into consideration the facts and circumstances of the case and more particularly in view of the fact that the suit is pending consideration before the trial court since the year 2005 and more than 19 years have been passed therefrom, the trial court is directed to decide the suit pending before it as expeditiously, in accordance with law. The interim order dated 01.08.2013 passed by this Court is confirmed till disposal of the suit. In view of the above, the writ stands disposed of. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Tahir/83