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2026 DAILYLAW 15612 (RAJ)

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

CMA/91/2026 · 2026-01-19

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:2098] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 91/2026 1. Nazir Khan, (Deceased). 1/1) Babuali S/o Late Nazir Khan, Aged About 44 Years, Resident Of Village Post Rajas, Tehsil Laxmangarh, District Sikar (Rajasthan) Address Plot No. 151, Krishna Colony, Naya Kheda, Ambawadi, Jaipur (Rajasthan). ----Appellant Plaintiff Versus 1. Rajeev Jhunjhunuwala S/o Late Shri Raghunath Prasad Jhunjhunuwala, S/o Raghunath Prasad, Aged About 63 Years, Resident of Kasba Laxmangarh, District Sikar (Rajasthan) Presently Residing At 1/B, Nando Malik Lane, Oswal Bhawan, Bedon Street, P.s. Girish Park, Kolkata (West Bengal). 2. Siddharth Jhunjhunuwala, S/o Late Shri Raghunath Prasad Jhunjhunuwala, Resident Of Kasba Laxmangarh, District Sikar (Rajasthan), Presently Residing At 1/B, Nando Malik Lane, Jhunjhunuwala House, P.S. Girish Park, Kolkata (West Bengal). 3. Rinku Biyani, S/o Vishwanath Biyani, Aged About 43 Years, Resident Of Ward No. 18, Fatehpur, District Sikar (Rajasthan). 4. Nemichand Dhaka S/o Bhagwanaram, Aged About 51 Years, 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, Aged About 23 Years, Resident Of Ward No. 20, Laxmangarh, District Sikar (Rajasthan). 7. Hemant Jangid, S/o Yagyadatt Jangid, Aged About 40 Years, Resident Of 150/1, Bhagwan Bahubali Nagar, Niwaru Road, Jhotwara, Jaipur (Rajasthan). 8. Satyendra Arya, S/o Mohan Singh Arya, Resident Of Village Kaswali, Tehsil Laxmangarh, District Sikar (Rajasthan). [2026:RJ-JP:2098] (2 of 4) [CMA-91/2026] 9. Birbal Singh Fagedia, S/o Ishwarsingh 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 Salim 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, 16. Mohd. Irfan, S/o Late Nazir Khan, 17. Mohsin, S/o Late Nazir Khan, All Are Residents Of Village Rajas, Tehsil Laxmangarh, District Sikar (Rajasthan) and 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) and Plot No. 151, Krishna Colony, Naya Kheda, Ambawadi, Jaipur (Rajasthan). ----Respondents/ defendants For Appellant(s) : Mr. Injar Ali for Mr. Yunus Khan For Respondent(s) : Mr. Amit Jindal [2026:RJ-JP:2098] (3 of 4) [CMA-91/2026] HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 19/01/2026 1. The present civil misc. appeal has been filed assailing the order dated 08.01.2026 passed by learned Additional District Judge, Laxmangarh District Sikar, whereby the application preferred by appellant-plaintiff for temporary injunction has been rejected. 2. Learned counsel for the appellant submits that a suit for specific performance of the agreement to sell dated 09.02.2015 was instituted on 17.07.2023. Learned counsel for the appellant further submits that the appellant had paid a consideration amount of Rs. 24,00,000/- in cash prior to the filing of the suit. He submits that the suit property was sold to respondent Nos. 3 to 7 and, thereafter, was further sold to respondent Nos. 8 and 9. 3. After considering the material aspects of the case, the learned Trial Court rejected the application for temporary injunction. 4. Considering the facts that the entire consideration was allegedly paid in cash, the suit for specific performance was filed after a lapse of eight years, and that two sale deeds have already been executed prior to the institution of the suit, this Court does not find any illegality or infirmity in the impugned order dated 08.01.2026. 5. However, this Court deems it appropriate to direct the respondents that they will be governed by the provisions of [2026:RJ-JP:2098] (4 of 4) [CMA-91/2026] Section 52 of the Transfer of Property Act, 1882. If any further sale is to be made by the respondents then the factum of pendency of the suit shall be duly reflected in the sale deed. 6. With the above observations, the present civil misc. appeal stands disposed of. 7. Pending application(s), if any, also stands disposed of. (BIPIN GUPTA),J Sudha/15