Partly allowed

Vishambhar Dayal S/O Shri Ramswaroop Goyal v. Umrav Devi W/O Bajrang Lal

Rajasthan HC5 Oct 2021CW/5322/2020

Case brief

AI extract

What is this about?

High Court rejected applications seeking extension of interim orders in multiple writ petitions. The court vacated interim orders that stayed the earlier judgment because the Supreme Court stayed the underlying precedent. Consequently, the writ petitions and all pending applications were dismissed or disposed of.

What did the court decide?

Interim orders vacated; writ petitions dismissed; pending applications disposed of.

Vishambhar Dayal S/O Shri Ramswaroop Goyal Vs Umrav… — Landlord and Tenant | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

(1) S.B. Civil Writ Petition No. 5322/2020

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Vishambhar Dayal S/o Shri Ramswaroop Goyal, B/c Mahajan, Resident Of Devi Store Choraha, Gangapur City, District Sawai Mahdopur (Rajasthan)

¶4

Ramavtar Gupta S/o Shri Ramswaroop Goyal, B/c Mahajan, R/o Udai Moad, Near Upkar Hotel, Gangapur City, District Sawai Madhopur (Rajasthan)

¶5

----Petitioners

¶6

Versus

¶7

Umrav Devi W/o Bajrang Lal, B/c Mahajan, Resident Of Gangapur City, Through Power Of Attorney Holder Manmohan Agarwal S/o Shri Bajrang Lal, B/c Agrawal, Resident Of Gangapur City, District Sawai Madhopur Since Deceased Through Her Legal Representatives

¶8

Jagdish Prasad S/o Bajrang Lal, B/c Mahajan, Resident Of Gangapur City, District Sawai Madhopur (Rajasthan)

¶9

Manmohan S/o Bajrang Lal, B/c Mahajan, Resident Of Gangapur City, District Sawai Madhopur (Rajasthan)

¶10

Jitendra S/o Bajrang Lal, B/c Mahajan, Resident Of Gangapur City, District Sawai Madhopur (Rajasthan)

¶11

----Respondents

¶12

Connected With

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(2) S.B. Civil Writ Petition No. 11498/2019

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Krishan Murari Koolwal S/o Shri Suraj Mal Koolwal, Aged About 62 Years, By Caste Mahajan, Shop Of Shoes And Sleepers, Koolwal Brothers, Khari Bazar, Gangapur City, District Sawai Madhopur (Rajasthan).

¶15

----Petitioner

¶16

Versus

¶17

Chothi Lal Agrawal (Bamanosya) S/o Shri Mishri Lal, By Caste Mahajan, R/o Khari Bazar, Gangapur City, District Sawai Madhopur (Rajasthan) (Since Deceased) Through His Legal Representative -

¶18

Lalita Devi D/o Late Shri Chothi Lal Agrawal, W/o Hukam Chand, Aged About 60 Years, R/o Khari Bazar, Gangapur City, District Sawai Madhopur (Rajasthan).

(2 of 5)

[CW-5322/2020]

----Respondents

(3) S.B. Civil Writ Petition No. 10728/2019

¶23

Abdul Majid Son Of Ajijurrehman, Aged About 82 Years, By Caste Musalman, Resident Of Islampura, Gangapur City, District Sawai Madhopur, Shop In Main Bazar, (Krishna Murari Ki Kulwal Brothers Ke Bagal Wali Dukan) Khari Bazar, Gangapur City, District Sawai Madhopur, Rajasthan.

¶24

----Petitioner

¶25

Versus

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Chauthi Lal Agarwal (Since Deceased), Through Lalita Devi Daughter Of Late Chauthi Lal Wife Of Hukam Chand, By Caste Mahajan, Resident Of Khari Bazar, Gangapur City, District Sawai Madhopur.

¶27

----Respondent

¶28

(4) S.B. Civil Writ Petition No. 13371/2019

¶29

Mahendra Kumar Garg S/o Sh. Ramswaroop Gupta, Aged About 47 Years, By Caste Agarwal Mahajan, R/o Nearby Balaji Chowk, Hanumanji, Gangapur City, Distt. Sawai Madhopur (Raj.) C/o Mahendra Medical Store, Kachhari Road, Gangapur City.

¶30

----Petitioner

¶31

Versus

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Dinesh Chand Garg S/o Sh. Bali Ram Garg, Aged About 38 Years, By Caste Mahajan, R/o Kachhari Road, Gangapur City, Distt. Sawai Madhopur (Raj.)

¶33

Omprakash Garg S/o Sh. Bali Ram Garg, Aged About 29 Years, By Caste Mahajan, R/o Kachhari Road, Gangapur City, Distt. Sawai Madhopur (Raj.)

¶34

Smt. Vidha Devi W/o Late Sh. Bali Ram Garg, By Caste Mahajan, R/o Kachhari Road, Gangapur City, Distt. Sawai Madhopur (Raj.)

¶35

----Respondents

¶36

(5) S.B. Civil Writ Petition No. 5921/2020

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Meetha Lal Son Of Kirori Lal, Owner Firm M/s Ashok Kumar Narottam Lal Mahajan, Naya Bazar, Gangapur City, District Sawai Madhopur Since Deceased Through His Legal Representative-

¶38

Ashok Kumar Son Of Meetha Lal, Resident Of Gangapur City, District Sawai Madhopur (Rajasthan)

(3 of 5)

[CW-5322/2020]

----Petitioners

Versus

Umrav Devi Wife Of Bajrang Lal, Resident Of Gangapur City, Through Power Of Attorney Holder Manmohan Agrawal Son Of Shri Bajrang Lal, Resident Of Gangapur City, District Sawai Madhopur Since Deceased Through Her Legal Representatives-

¶44

Jagdish Prasad Son Of Bajrang Lal, Resident Of Gangapur City, District Sawai Madhopur (Rajasthan)

¶45

Manmohan Son Of Bajrang Lal, Resident Of Gangapur City, District Sawai Madhopur (Rajasthan)

¶46

Jitendra Son Of Bajrang Lal, Resident Of Gangapur City, District Sawai Madhopur (Rajasthan)

¶47

----Respondents

¶48

(6) S.B. Civil Writ Petition No. 4587/2021

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Tara Chand Son Of Shri Bahgwati Prasad, Aged About 44 Years, Resident Of Chopar, Sarafa Bazar, Gangapur City, District Sawai Madhopur.

¶50

----Petitioner

¶51

Versus

¶52

Babu Lal Soni Son Of Late Shri Kaila Sahay, Resident Of Gangapur City, District Sawai Madhopur.

¶53

----Respondent

¶54

Mr. Rajneesh Gupta Mr. Mahesh Gupta Mr. DK Dixit Mr. LL Gupta Mr. DK Dixit, For their respective parties.

¶55

JUSTICE DINESH MEHTA

¶56

Judgment

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05/10/2021

¶58

Learned counsel appearing for the respondent/s has pointed out that in a similar matter this Court had passed a similar interim order in Abdul Majid Vs. Chauthi Lal in SBCWP No.10728/2019 on

¶59

(4 of 5)

¶60

[CW-5322/2020]

¶61

04.07.2019. The said order has been assailed in Chauthi Lal Agarwal (since deceased) Vs. Abdul Majid in SLP No.15676/2021 before the Apex Court and the Apex Court vide order dated 10.08.2021 passed following order:-

¶62

“Delay Condoned.

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Applications seeking exemption from filing official translation and certified copy of the impugned order are allowed.

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Issue notice.

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Until further orders, there shall be stay of operation of the impugned interim orders of the High Court.

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Tag with SLP(C) No.1551/2018.”

¶67

Learned counsel for the respondent/s submits that keeping in view the order passed by the Supreme Court, the interim order passed by this Court does not deserve to be extended.

¶68

This Court finds that the original judgment passed by this Court in K. Ramnarayan Vs. Shri Pukhraj in DB Civil Ref No.1/2015 holding that the cases under the TP Act cannot be allowed to continue has been stayed by the Supreme Court in Pukhraj Vs. K. Ramnarayan in SLP No.1551/2018.

¶69

In view of the stay passed by the Supreme Court, the trial Court would continue to have jurisdiction to decide the case under the Transfer of Property Act as it existed and the new Rent Control Act would have no application as the view taken by this Court has already been stayed by the Supreme Court.

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In view thereof, the interim orders passed by this Court in writ petition earlier cannot be followed, keeping in view the subsequent order passed by the Supreme Court on 10.08.2021 in SLP No.15676/2021 as quoted above.

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(5 of 5)

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[CW-5322/2020]

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In view thereof, the interim orders passed by this Court is vacated.

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Learned counsel for the petitioner/s submits that nothing further remains in the writ petitions. In view of the above, the writ petitions stand dismissed.

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All pending applications including stay application also stand disposed of.

¶76

(DINESH MEHTA),J

¶77

C P GOYAL /269-274

Vishambhar Dayal S/O Shri Ramswaroop Goyal v. Umrav Devi W/O Bajrang Lal

Case brief

What is this about?

What did the court decide?

Vishambhar Dayal S/O Shri Ramswaroop Goyal v. Umrav Devi W/O Bajrang 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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