Dismissed

Smt. Saroj Devi Sharma W/O Shankar Lal Sharma v. Jamaluddin S/O Shri Aameen Chauhan

Rajasthan HC3 Apr 2019CW/3103/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan Bench at Jaipur considered a writ petition challenging an order under Order 39 Rule 1 and 2 CPC. The court upheld the order directing the respondent not to interfere with petitioner's possession while maintaining status quo between both parties, dismissing the writ.

What did the court decide?

The writ petition is dismissed as it is devoid of merits; no interference with the impugned order is justified.

Smt. Saroj Devi Sharma W/O Shankar Lal… — Civil Procedure and Limitation | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 3103/2019

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Smt. Saroj Devi Sharma W/o Shankar Lal Sharma, B/c Brahmin Pujari, R/o Ward No. 44, Old Ward No. 45, Naya Mohalla, Jagmalpura Road, Near Bhagwati Gas Godam, Sikar Tehsil And District Sikar (Raj.)

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Ganesh Sharma S/o Shankar Lal Sharma, B/c Brahmin Pujari, R/o Ward No. 44, Old Ward No. 45, Naya Mohalla, Jagmalpura Road, Near Bhagwati Gas Godam, Sikar Tehsil And District Sikar (Raj.) ----Petitioners

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Versus

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Jamaluddin S/o Shri Aameen Chauhan, B/c Musalman Vyapari, R/o Mohalla Islampura, Fatehpur Road, Ward No. 46, Sikar (Raj.)

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Mustak S/o Hussain Khan, B/c Musalman Khokhar, R/o Village And Post Office Sabalpura, Tehsil And District Sikar (Raj.)

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Roshan S/o No Known, B/c Musalman, R/o Ward No. 45, Sikar, Tehsil And District Sikar (Raj.)

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Nagar Parishad Sikar, Through Chairman/commissioner, Nagar Parishad, Sikar (Raj.)

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Shankar Lal S/o Mahadev Ji Pujari, B/c Brahmin, R/o Jagmalpura Roads House With Tubewell, Gaushala Almashoor Shankarji Pujari Wala, Ward No. 45 New, Sikar (Raj.) ----Respondents

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For Petitioner(s) : Mr. Vipul Jaiman, Adv.

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

(2 of 3)

[CW-3103/2019]

03/04/2019

The petitioner by way of this writ petition assails the order passed on Temporary Injunction application moved under Order 39 Rule 1 and 2 wherein the respondent-defendant was directed not to interfere with the peaceful possession of the petitioner over the property mentioned in para 2 of the plaint. At the same time, Court has further directed that both the parties shall maintain status-quo with regard to the disputed site in terms of the report submitted by the Commissioner dated 12.08.2009. Learned counsel submits that once the Court had directed that the property is in his possession, further directing to maintain statusquo to the petitioner alongwith the respondent was unjustified. Learned counsel points out that appeal was preferred by both the parties namely the petitioners as well as the respondents and both the appeals have been rejected by the Appellate Court. It is his submission that even the Appellate Court has given a finding that title of the property is with the petitioner. In the circumstances, learned counsel states that the status-quo ought to have been only directed as against the respondents and not as against the petitioner.

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Heard learned counsel, find that the very suit is still pending and therefore to maintain the sanctity of the disputed site and in order to prevent any complications which may arise in future, directions have been given to both the parties to maintain statusquo. At the same time, the respondent has already been directed not to interfere with the peaceful possession of the petitioner.

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In view of this Court, the order is justified and is in accordance with law therefore does not warrant any interference.

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(3 of 3)

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[CW-3103/2019]

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No rights of the petitioner have been taken away which are to be finally decided in the suit.

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In view thereof, the writ petition being devoid of merits, is dismissed.

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(SANJEEV PRAKASH SHARMA),J

¶25

R.Vaishnav
52.

Smt. Saroj Devi Sharma W/O Shankar Lal Sharma v. Jamaluddin S/O Shri Aameen Chauhan

Case brief

What is this about?

What did the court decide?

Smt. Saroj Devi Sharma W/O Shankar Lal Sharma v. Jamaluddin S/O Shri Aameen Chauhan

Case brief

What is this about?

What did the court decide?

What the court decided

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