Dismissed

Bhanwari Devi W/O Shri Ramgopal v. Santosh Devi W/O Shri Girdhari Lal

Rajasthan HC24 Apr 2019CW/5732/2019

Case brief

AI extract

What is this about?

Single judge of High Court at Jaipur dismissed S.B. Civil Writ Petition. The court held that concurrent findings of lower courts regarding relinquishment and property vesting were correct, finding no jurisdictional error and dismissing the writ petition challenging rejection of temporary injunction.

What did the court decide?

Writ petition dismissed as devoid of merit; no relief granted on interim injunction challenge.

Bhanwari Devi W/O Shri Ramgopal Vs Santosh Devi W/O… — Property and Title | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 5732/2019

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Bhanwari Devi W/o Shri Ramgopal, Aged About 61 Years, By Caste Saini Mali, Resident Of Ward No. 37, Opposite Krishi Upaj Mandi, Behind Of Gahlot Motors, Tehsil And District Sikar, Rajasthan.

¶4

Ramgopal S/o Late Shri Suraj Mal, By Caste Saini Mali, Resident Of Ward No. 37, Opposite Krishi Upaj Mandi, Behind Of Gahlot Motors, Tehsil And District Sikar, Rajasthan.

¶5

Govind S/o Shri Ramgopal, By Caste Saini Mali, Resident Of Ward No. 37, Opposite Krishi Upaj Mandi, Behind Of Gahlot Motors, Tehsil And District Sikar, Rajasthan.

¶6

----Petitioners

¶7

Versus

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Santosh Devi W/o Shri Girdhari Lal, By Caste Saini Mali, Resident Of Ward No. 37, Opposite Krishi Upaj Mandi, Behind Of Gahlot Motors, Tehsil And District Sikar, Rajasthan.

¶9

Sub-Registrar, Registration And Stamp Department, Sikar. 3. State Of Rajasthan, Through District Collector

¶10

----Respondents

¶11

For Petitioner(s) : Mr.Balkishan Saini For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Judgment / Order

¶14

24/04/2019

¶15

The petitioner by way of this writ petition assails the order dated 21.5.2018 passed by trial court as well as order dated 22.1.2019 passed by appellate court whereby the courts below have rejected the application moved under Order 39 Rule 1 & 2

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(2 of 2)

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[CW-5732/2019]

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CPC, and also refused to grant temporary injunction to the petitioner-plaintiff.

¶19

The case of the petitioner before the trial court was that he has relinquished his share by making a gift-deed in favour of brother wrongfully and fraudulently. Both the courts below have found that since the property is already vested in favour of respondents, therefore, prima facie case and balance of convenience also vest in favour of respondents and hence the temporary injunction application has been rejected.

¶20

Taking into consideration the concurrent findings already arrived at, this court does not find any jurisdictional error in the orders passed by courts below.

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Accordingly, in view of above, writ petition is found to be devoid of merit and same is dismissed.

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(SANJEEV PRAKASH SHARMA),J

¶23

SANDEEP RAWAT /23/82

Bhanwari Devi W/O Shri Ramgopal v. Santosh Devi W/O Shri Girdhari Lal

Case brief

What is this about?

What did the court decide?

Bhanwari Devi W/O Shri Ramgopal v. Santosh Devi W/O Shri Girdhari Lal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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