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2026 DAILYLAW 16807 (RAJ)

SMT. ANITA DEVI W/O LATE SHRI BHAGWAN SAHAY v. KHAMCHAND S/O LATE SHRI CHHITARMAL

CW/2239/2026 · 2026-02-10

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:6144] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2239/2026 Smt. Anita Devi W/o Late Shri Bhagwan Sahay, Aged About 40 Years, R/o Plat No. 71, Gautam Nagar Tonk Phatak, Jaipur (Raj.) ----Petitioner Versus 1. Khamchand S/o Late Shri Chhitarmal, Aged About 40 Years, R/o Plat No. 71, Gautam Nagar Tonk Phatak, Jaipur (Raj.) 2. Smt. Moti D/o Late Shri Chhitarmal W/o Shri Raju Lal, R/o Plat No. 17, Laxmi Nagar, Kapurwala Road Muhana Jaipur- 302019 3. Smt. Sita D/o Late Shri Chhitarmal W/o Pappulal, R/o Plat No. 34, Tirupati Bala Ji Nagar, Sanganer, Jaipur Raj. 4. Munna S/o Late Puran, Aged About 28 Years, R/o House No. 10, Ganga Vihar Colony Muhana Jaipur Raj. 5. Mukesh S/o Late Puran, Aged About 25 Years, R/o House No. 10, Ganga Vihar Colony Muhana Jaipur Raj. ----Respondents For Petitioner(s) : Mr. Himanshu Awashthi For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 10/02/2026 1. The present writ petition has been filed assailing the order dated 23.12.2025, passed by Learned Additional District and Session Judge-5, Jaipur Metropolitan I, whereby, the ad-interim prayer in stay application filed by the plaintiff-petitioner under order 39 Rule 1 & 2 of CPC has been disallowed. [2026:RJ-JP:6144] (2 of 2) [CW-2239/2026] 2. Considering the material available on records, this Court finds no error so as to call for any interference under Article 227 of the Constitution of India in the impugned order. 3. However, the Learned Trial Court is directed to decide the temporary injunction application within a period of 90 days, from the date of receipt of the certified copy of this order, if the service on defendant is complete and without being influenced by the order dated 23.12.2025. 4. With the aforesaid observations, the present Civil Writ Petition stands disposed of. 5. Pending application(s), if any, also stand disposed of. (BIPIN GUPTA),J KRATIKA /9