[2026:RJ-JP:2011] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 21879/2018 1. M/s Krishna Developers, Beawar Through Its Partner Shri Pankaj S/o Shri Jaikishan Baldava, Resident Of Govind Bhawan, Pratap Nagar, Gali No. 5, Beawar, Distt. Ajmer 2. Shri Pankaj Baldava S/o Shri Jaikishan Baldava, Resident Of Govind Bhawan, Pratap Nagar, Gali No. 5, Beawar, Distt. Ajmer 3. Vijayram Ostwal S/o Shri Uttamchand Ostwal, Resident Of 711/1, B Ostwal Ornet Building No. 1, Jaisal Park Bhayandar (East), Distt. Thane (Maharashtra) 4. Hemant Kumar Sharma S/o Late Shri Ashok Kumar Sharma, By Caste Brahman, Resident Of Bichdali, Sunaran Gali, Beawar, Distt. Ajmer (Raj.) ----Petitioners/Appellants Versus 1. Dhanwanchand Bhandari S/o Shri Punyawan Chand Bhandari, Resident Of House No. 5, Opp. Brahmanand Dham, Brahmanand Marg, Beawar, Distt. Ajmer, Since Deceased Through His Legal Heir- 1/1. Anupam Bhandari,S/o Late Shri Dhanwan Chand Bhandwari, aged about 47 years, R/o 5, Opp. Brahmanand Dham, Beawar, District Ajmer ……….Respondent/Plaintiff 2. Uttamchand Oswal S/o Shri Surajmal Oswal, Resident Of 3/253, Beawar, Distt. Ajmer 3. President, Nagar Parishad, Beawar, Distt. Ajmer 4. Commissioner, Nagar Parishad, Beawar, Distt. Ajmer 5. District Collector, Ajmer ----Proforma-Respondents/Defendants For Petitioner(s) : Mr. Lokesh Kumar Sharma with Ms. Anzum Parveen For Respondent(s) : Mr. N.K. Maloo, Sr. Adv. with Mr. Vishnu Bohra Mr. Brij Kishore Sharma HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 16/01/2026 [2026:RJ-JP:2011] (2 of 2) [CW-21879/2018] 1. The present writ petition arises out of the orders dated 21.08.2018 passed by the learned Additional District Judge No.1, Beawar, District Ajmer as well as the order dated 02.06.2018 passed by learned Civil Judge No. 2, Beawar whereby the respondents were restrained from raising any construction. 2. Now, learned counsel for the petitioners submits that whatever construction has been raised by them, he is willing to remove the same within a specified period of time. 3. Accordingly, with the consent of both the parties, the writ petition is disposed of on the following terms: (i) The construction existing at the site, on account of which the plaintiff-respondent was aggrieved, shall be removed by the petitioners within a period of three months. (ii) Upon removal of the said construction, the petitioners shall be at liberty to file an application seeking disposal of the suit on the ground that no cause of action subsists as on the date of filing of such application. (iii) On filing of the application the same shall be decided in accordance with law. 4. With the aforesaid consent order, the present writ petition is disposed of. 5. Pending application(s), if any, stands disposed of. (BIPIN GUPTA),J Sudha/37