Disposed

Shamshuddin Son of Kale Khan (Deceased) v. State of Rajasthan

Rajasthan HC23 Feb 2021CW/2068/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan directed the Sub-Divisional Officer, Digod, to decide the pending civil suit No.42/1987 expeditiously, preferably within eight months, given the suit has been pending since 1987 and the petitioner relies on the land for livelihood.

What did the court decide?

Directed Respondent No.2 to decide the pending suit No.42/1987 expeditiously within eight months.

Shamshuddin Son of Kale Khan (Deceased) Vs… — Civil Procedure and Limitation | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 2068/2021

¶3

Shamshuddin Son Of Kale Khan (Deceased), Through LRs:

¶4

1/1 Mohammed Saif Son Of Shamshuddin, Resident of Village Ummedpura, Tehsil Digod, Distt. Kota

¶5

----Defendant-Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Tehsildar, Tehsil Digod, District Kota

¶8

Sub Divisional Officer, Digod, District Kota

¶9

----Respondents

¶10

Murti Mandir Shri Thakurji Maharaj, Situated At Retwali, Kota Minor Through Guardian Manager And Trustees, Mandir Shri Thakurji Maharaj Shri Madanmohan Ji, Kota

¶11

Shri Brij Mohan Sharma, Rajpurohit Son Of Ramgopal Ji Rajpurohit, Resident Of Retwali, Kota, Chairman Trustee

¶12

Shri Chandra Mohan Sharma Son Of Brij Mohan Sharma

¶13

Shri Anant Kumar Sharma Son Of Brij Mohan, Resident Of Retwali, Kota

¶14

Smt. Krishna Kumari Wife Of Brij Mohan

¶15

Shri Kunj Bihari Son Of Shankar Lal, Resident Of Indergarh, Trustee

¶16

Shri Brij Bihari Son Of Kalyan Prasad Sharma, Resident Of Bundi, Trustee

¶17

----Plaintiff-Respondents

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Praveen Daughter Of Shamshuddin

¶19

Shahin Daughter Of Shamshuddin

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Jamila Begum Widow Of Shamshuddin, All Residents Of Village Ummedpura, Tehsil Digod, Distt. Kota

¶21

----Plaintiffs-Performa-Respondents

¶22

(2 of 2)

¶23

[CW-2068/2021]

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For Petitioner(s) : Mr. Dharmendra Pareek

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HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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23/02/2021

¶28

Learned counsel for the defendant-petitioner submits that his only prayer before the Court is to direct respondent No.2-Sub Divisional Officer, Digod District Kota to decide the suit No.42/1987 (69/2001) titled as [Murti Mandir Shri Thakurji Maharaj Vs. Shamshuddin] pending before it expeditiously. Learned counsel further submits that the petitioner and the other cultivators do not have any other source of income and they are earning their livelihood by cultivating the land in question for last about 7-8 decades.

¶29

Taking into consideration the fact that the civil suit filed by the plaintiff is pending before respondent No.2 since 1987, this Court is of the view that in the interest of justice the prayer for early disposal seems to be proper. Thus, the (respondent No.2) learned Sub-Divisional Officer, Digod District Kota is directed to decide the aforesaid suit pending before it expeditiously preferably within a period of eight months in accordance with law from the date of certified copy of this order.

¶30

The civil writ petition filed by the defendant-petitioner is accordingly stands disposed of.

¶31

(GOVERDHAN BARDHAR),J

¶32

AARZOO ARORA /49

Shamshuddin Son of Kale Khan (Deceased) v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shamshuddin Son of Kale Khan (Deceased) v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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