Disposed

Gajju Alias Gajraj Singh S/O Late Shri Durga Singh v. Mohammad Fareed Qureshi S/O Shri Mohammad Saied Qureshi

Rajasthan HC2 Nov 2020CW/12795/2020

Case brief

AI extract

What is this about?

A writ petition challenging civil court orders restraining alienation of property was disposed of without adjudicating merits. The Court found no error but granted liberty for the petitioner to argue the pending temporary injunction application.

What did the court decide?

Liberty granted to the petitioner to file reply to temporary injunction application and upon service, the Civil Court may decide the same.

Gajju Alias Gajraj Singh S/O Late Shri… — Civil Procedure and Limitation | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 12795/2020

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Gajju Alias Gajraj Singh S/o Late Shri Durga Singh, Aged About 56 Years, R/o House No. 100-101, Janta Colony, Near Amarnath Ji Ki Baghichi, Jaipur

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Lal Singh S/o Late Shri Durga Singh, Aged About 44 Years, R/o House No. 100-101, Janta Colony, Near Amarnath Ji Ki Baghichi, Jaipur

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----Petitioners

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Versus

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Mohammad Fareed Qureshi S/o Shri Mohammad Saied Qureshi, R/o 2/153, Near Roadways Depot, Azad Nagar, Jawahar Nagar, Jaipur

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Sho, Police Station Ramganj Bazar,jaipur

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Police Commissioner, Khasa Kothi, Jaipur Metropolitan

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Smt. Madhu Kanwar W/o Shri Vishwendra Singh Alias Vishnu, R/o Near Kaka Complex , Tela Kua Ki Dhani, Opp. Jitendra Kirana Store, Hanuman Nagar, Jaisinghpura Khor, Delhi Road, Jaipur

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----Respondents

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For Petitioner(s) : Mr. Sanjay Rahar, Adv.

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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02/11/2020

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The instant petition challenges the orders dated 20.12.2019 and dated 14.02.2020 whereby the Civil Court considered the ad interim injunction application and directed the parties to maintain status-quo and further restrained to alienate property in favour of any person. The said order dated 20.12.2019 was further assailed

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(2 of 3)

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[CW-12795/2020]

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by the petitioners in Civil Misc. Appeal and the same has been dismissed vide order dated 14.02.2020.

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Learned counsel for the petitioners submitted that the petitioner had filed an application before the Rent Tribunal, Jaipur City, Jaipur against the respondent-Madhu Kanwar & in the said application an interim order dated 06.12.2018 was passed directing the parties to maintain status-quo. Learned counsel submitted that in spite of such order, the property in question was sold out directly by Madhu Kanwar vide registered sale deed dated 16.04.2019.

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Learned counsel for the petitioners submitted that both the courts below have committed an error in passing the impugned orders as no prima facie case was made out even for grant of ad interim injunction in favour of the plaintiff.

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Learned counsel for the petitioners after arguing the matter at some length submitted that if this Court is not inclined to interfere with the impugned orders, at least liberty may be granted to the petitioner to make request before the court below to argue the temporary injunction application which is still not decided.

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Learned counsel further submitted that reply to the said temporary injunction application is yet to be filed and as such he submits that immediately after filing of the reply to the temporary injunction application and service on all the parties concerned, direction may be given to the Civil Court to decide the temporary injunction application.

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This Court does not find any error in the impugned order. However, liberty is granted to the petitioner to file reply to the temporary injunction application and if the same is filed, and the

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(3 of 3)

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[CW-12795/2020]

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other party is also served, the Civil Court may take up the temporary injunction application and decide the same in accordance with law.

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It is made clear that this Court has not made any observation on merits of the matter and it is for the court concerned to look into the relevant aspects for granting temporary injunction or not.

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Accordingly, the writ petition stands disposed of.

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(ASHOK KUMAR GAUR),J

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Ramesh Vaishnav/86/Sakshi

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Gajju Alias Gajraj Singh S/O Late Shri Durga Singh v. Mohammad Fareed Qureshi S/O Shri Mohammad Saied Qureshi

Case brief

What is this about?

What did the court decide?

Gajju Alias Gajraj Singh S/O Late Shri Durga Singh v. Mohammad Fareed Qureshi S/O Shri Mohammad Saied Qureshi

Case brief

What is this about?

What did the court decide?

What the court decided

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