Allowed

Ramdhan Phagedia S/O Late Shri Gullaram Jat v. Smt Nangi Devi W/O Late Shri Trilokram Jat

Rajasthan HC12 Aug 2021CTA/120/2019

Case brief

AI extract

What is this about?

The Court allowed a transfer petition under Section 24 CPC seeking to transfer Civil Suit No. 185/2018 from the Court of Additional District Judge No.3, Jaipur District, to the Court of Additional District Judge No.5, Jaipur Metropolitan, to facilitate a joint hearing with a connected suit.

What did the court decide?

The Civil Suit No. 185/2018 pending before the Court of Additional District Judge No.3, Jaipur District is ordered to be transferred to the Court of Additional District Judge No.5, Jaipur Metropolitan

Ramdhan Phagedia S/O Late Shri Gullaram Jat… — Civil Procedure and Limitation | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Transfer Application No. 120/2019

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Ramdhan Phagedia S/o Late Shri Gullaram Jat, Aged About 54 Years, R/o Gaon Gida Ka Was Post Mandabheem Singh Tehsil Phulera District Jaipur Presently R/o Plot No. 64 And 65 Harinagar Jhotwara, Jaipur

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----Petitioner

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Versus

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Smt Nangi Devi W/o Late Shri Trilokram Jat, Aged About 60 Years, R/o Gram Cakramsar, Tan Dhankya, Tehsil And District Jaipur

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Smt. Phooli Devi W/o Shri Laduram Mawliya D/o Late Shri Trilokram, R/o Mawliyon Ki Dhani, Ward No. 16, Gram Post Sinwar, Tehsil And District Jaipur

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Smt. Suman Devi W/o Shri Rudaram Piploda D/o Late Shri Trilokram Jat, R/o Gram Nandgaon, Post Dhankya, Tehsil And District Jaipur

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Smt. Meena Devi W/o Shri Ramesh Dhoslya D/o Late Shri Trilokram Jat, R/o Tibawali Dhani, Tan Sinwar, Ward No. 16, Gram Post Sinwar, Tehsil And District Jaipur

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Kaluram S/o Late Shri Trilokram, Minor Through Guardian Smt. Nangi Devi W/o Shri Trilokram, R/o Gram Cakramsar, Tan Dhankya, Tehsil And District Jaipur

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Ramlal S/o Shri Hanuman Jakhad, Aged About 40 Years, R/o Gram Cakramsar, Tan Dhankya, Tehsil And District Jaipur

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Smt. Geeta Devi W/o Shri Jagan Lal Kaswan D/o Late Shri Trilokram Jat, Kaswan Ki Dhani, Post Kansel, Tehsil Phagi, District Jaipur

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Smt. Kamli Devi W/o Shri Laxminarayan Kaswan D/o Late Shri Trilokram Jat, Kaswan Ki Dhani, Post Kansel, Tehsil Phagi, District Jaipur

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Ranglal Choudhary S/o Shri Cheetarmal Choudhary, Gram Bukni, Tehsil Phagi, District Jaipur

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----Respondents

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For Petitioner(s)	: Mr. JR Chaudhary,through VC
For Respondent(s)	: Mr. Prahalad Bagda

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(2 of 3)

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[CTA-120/2019]

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HON'BLE MR. JUSTICE RAMESHWAR VYAS

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Order

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12/08/2021

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The instant transfer petition under Section 24 of the Code of Civil Procedure has been filed by the applicant seeking transfer of Civil Suit No. 185/2018 titled as “Ramdhan Phagedia Vs. Smt Nangi Devi & Ors.” pending before the learned Additional District Judge No.3, Jaipur District, Jaipur to the Court of learned Additional District Judge No.5, Jaipur Metropolitan.

¶23

Learned counsel for the petitioner submits that the Civil Suit pending before the learned Additional District Judge No.3, Jaipur District, Jaipur may be transferred to the Court of learned Additional District Judge No.5, Jaipur Metropolitan where another connected Suit No. 84/2011 titled as “Trilokram Vs. M/s Fhagedia Construction Company” is pending. It is further submitted that previously both suits were pending in the same Court but in compliance of the order dated 04.07.2018 passed by Registrar (Rules), Rajasthan High Court, Jodhpur, one case pending in the Court of Additional District Judge No.5, Jaipur Metropolitan, was transferred to Additional District Judge No.3, Jaipur District, Jaipur which was registered as case No. 185/2018, therefore, in the interest of justice, the case pending in the Court of learned Additional District Judge No.3, Jaipur District, Jaipur may be transferred to the Court of Additional District Judge No.5, Jaipur Metropolitan.

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Learned counsel for the respondents has no objection, if the petition is allowed.

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Heard learned counsel for the parties and perused the material available on record.

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(3 of 3)

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[CTA-120/2019]

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Resultantly, the present transfer petition is allowed. The Civil Suit No. 185/2018 titled as “Ramdhan Phagedia Vs. Smt Nangi Devi & Ors.” pending before the learned Additional District Judge No.3, Jaipur District, Jaipur is ordered to be transferred to the Court of learned Additional District Judge No.5, Jaipur Metropolitan.

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Let the parties may appear before the learned Additional District Judge No.5, Jaipur Metropolitan on 13.9.2021 and thereafter, the learned Additional District Judge No.5, Jaipur Metropolitan would regulate the hearing.

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A copy of this order be sent to the learned Additional District Judge No.5, Jaipur Metropolitan as well as learned Additional District Judge No.3, Jaipur District, Jaipur for information and necessary compliance.

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(RAMESHWAR VYAS),J

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RAHUL ARYA/6

Ramdhan Phagedia S/O Late Shri Gullaram Jat v. Smt Nangi Devi W/O Late Shri Trilokram Jat

Case brief

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Ramdhan Phagedia S/O Late Shri Gullaram Jat v. Smt Nangi Devi W/O Late Shri Trilokram Jat

Case brief

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