Dismissed

Gordhan S/O Shri Bhanwar Singh v. Smt Dhappi Devi W/O Late Shri Kalua

Rajasthan HC14 Mar 2019CW/4880/2019

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging an order rejecting an application for appointing a Commissioner to report on property possession. The Court held that possession is an issue for the trial court under Order 39 Rules 1, 2, & 7 CPC. Consequently, the writ petition was found without merits.

What did the court decide?

Writ petition dismissed as without merits.

Gordhan S/O Shri Bhanwar Singh Vs Smt Dhappi Devi W/O… — Property and Title | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writs No. 4880/2019

¶3

Gordhan S/o Shri Bhanwar Singh, By Caste Jat, R/o Sewar, Tehsil And District Bharatpur.

¶4

Jeetu S/o Shri Rajendra, By Caste Jat, R/o Sewar, Tehsil And District Bharatpur.

¶5

Padmesh S/o Shri Surajbhan, By Caste Jat, R/o Sewar, Tehsil And District Bharatpur.

¶6

Vachan Singh S/o Shri Gordhan, By Caste Jat, R/o Sewar, Tehsil And District Bharatpur.

¶7

Guljar S/o Shri Bhanwar Singh, By Caste Jat, R/o Sewar, Tehsil And District Bharatpur.

¶8

----Petitioners

¶9

Versus

¶10

Smt Dhappi Devi W/o Late Shri Kalua, Aged About 73 Years, By Caste Meena, R/o Village Sewar, Tehsil And District Bharatpur.

¶11

----Respondent

¶12

For Petitioner(s)	:	Mr.J.K.Moolchandani
For Respondent(s)	:

¶13

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

¶14

Judgment / Order

¶15

14/03/2019

¶16

The petitioner challenges the order dated 22.1.2019 whereby the application moved under O.39 R.7 CPC for appointing Commissioner to prepare a report regarding possession of the premises in dispute has been dismissed. This court asked the petitioner to read out the prayer made for seeking temporary injunction which shows that the prayer made is only to restrain the petitioner-defendants from alienating the property or making

¶17

(2 of 2)

¶18

[CW-4880/2019]

¶19

any further construction in the property. Thus at this stage, in the application filed under O.39 R.1 & 2 CPC, the question regarding possession of property is not to be examined and the trial court has, therefore, rightly rejected the application filed under O.39 R.7 CPC stating that the question regarding possession is an issue to be decided in the suit itself.

¶20

In view thereof, this writ petition is found to be without merits and same is dismissed.

¶21

(SANJEEV PRAKASH SHARMA),J

¶22

Sandeep/-70

Gordhan S/O Shri Bhanwar Singh v. Smt Dhappi Devi W/O Late Shri Kalua

Case brief

What is this about?

What did the court decide?

Gordhan S/O Shri Bhanwar Singh v. Smt Dhappi Devi W/O Late Shri Kalua

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Satyanaryan Bhargava S/O Sh. Sukha Ram Bhargava Vs the State of Rajasthan

Sunil Kumar Chouhan S/O Sh. Tejpal Chauhan Vs State of Rajasthan

Mahendra Singh Khatana Vs Directorat General Crpf and Ors.

Smt. Usha Devi Agrawal Wife of Shri Sohan Lal Agrawal Vs Shri Radheyshyam Choudhary S/O. Late Shri Kanhaiya Lal Ji Choudhary

Mukesh Kumar Jain Son of Late Deendayal Jain Vs Komal Prasad Son of Madan Mohan

Kavita Choudhary Daughter of Shri Kishan Singh Vs State of Rajasthan