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2026 DAILYLAW 20991 (RAJ)

SMT. INDRA KANWAR W/O SHRI RIKHABCHAND KOTHARI v. KAPIL S/O LATE SHRI RAJENDRA PRASAD KHANDELWAL

CW/563/2026 · 2026-01-16

Bipin Gupta

Public Interest Litigationbody2026

Judgment text

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[2026:RJ-JP:1880] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 563/2026 Smt. Indra Kanwar W/o Shri Rikhabchand Kothari, R/o House No. 08, Royal Cinema Gali, Sampurnanand Marg, Beawar (Raj.) ----Petitioner/Plaintiff Versus 1. Kapil S/o Late Shri Rajendra Prasad Khandelwal, 2. Vipul S/o Late Shri Rajendra Prasad Khandelwal, Both R/o 2/60, Champa Nagar, Beawar (Raj.) ----Respondents/Defendants For Petitioner(s) : Mr. Jai Prakash Gupta For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 16/01/2026 1. Without pressing the writ petition on merits, learned counsel for the petitioner submits that a suit for possession under the provisions of the Transfer of Property Act, 1882 was filed for eviction of the defendants in the year 2011 which ultimately resulted in a decree of eviction on 26.03.2025. In the first appeal before the learned First Appellate Court, the execution of the decree has been ordered to be stayed subject to payment of Rs.25,000/- per month. 2. Learned counsel for the petitioner further submits that the property could have fetched more than Rs.79,000/- per month. Thus, he does not press the writ petition on merits and only prays that the learned First Appellate Court may be directed to decide the first appeal expeditiously. [2026:RJ-JP:1880] (2 of 2) [CW-563/2026] 3. The present writ petition stands disposed of with a direction to the learned First Appellate Court to decide the first appeal as expeditiously as possible. 4. Pending application(s), if any, also stands disposed of. (BIPIN GUPTA),J Sudha/08