Allowed

Jayant Devnani v. Smt Lata Devnani and Ors.

Rajasthan HC7 Sept 2022CW/2415/2018

Case brief

AI extract

What is this about?

The High Court allowed the writ petition filed by Jayant Devnani seeking to be added as a plaintiff in a suit filed by his wife. Considering the parties had settled their dispute and no objection was raised against the transposition, the Court directed the Trial Court to proceed accordingly.

What did the court decide?

The petitioner is to be treated as a plaintiff along with Smt. Lata Devnani, and the Trial Court is directed to proceed in the matter.

Jayant Devnani Vs Smt Lata Devnani and Ors. — Property and Title | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2415/2018

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Jayant Devnani S/o Late Shri Bhagwan Devnani, aged about 44 years, R/o C-56, Sarojani Marg, C-Scheme, Jaipur

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----Petitioner/Defendant No.2

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Versus

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Smt. Lata Devnani W/o Late Shri Bhagwan Devnani, aged about 62 years, R/o C-56, Sarojani Marg, C-Scheme, Jaipur

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Mukesh Devnani S/o Shri Mangharam Devnani, aged about 52 years, R/o Flat No. 202, Golden Empire, Mahaveer Marg, C-Scheme, Jaipur

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Bhishma Devnani S/o Late Shri Bhagwan Devnani, aged about 40 years, R/o C-56, Sarojani Marg, C-Scheme, Jaipur

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ING Vysya Bank Ltd., Bhagat Singh Marg, C-Scheme, Jaipur Through Branch Manager Shri P.S. Tanwar

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----Non-petitioners/Defendant Nos.1, 3 & 4

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For Petitioner(s) : Ms. Anita Aggarwal, Adv. Mr. Laxmi Kant, Adv. For Respondent(s) : Mr. R.K. Daga, Adv. Mr. Gaurav Singh Tanwar, Adv.

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order

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07/09/2022

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This writ petition has been filed by the petitioner-defendant No.2, challenging the order dated 10.01.2018, whereby, the application filed by the petitioner under Order 1 Rule 10, read with Section 151 CPC, has been rejected, as the petitioner-defendant wanted transposition, as the plaintiff along with his mother-Smt. Lata Devnani, in the suit.

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Learned counsel for the petitioner submitted that though, the Court below has recorded in its order that plaintiff had not

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(2 of 2)

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[CW-2415/2018]

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objected to such transposition, however, still the prayer of the petitioner has been declined by the Court below.

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It is informed to this Court by learned counsel appearing for the respondent-defendant-Mr. Mukesh Devnani and other defendants that now the parties have reached to compromise and as such, they have decided to settle their dispute amicably and an application to the same effect has been filed before the Court below.

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Learned counsel for the respondents do not oppose the prayer made by the petitioner, if the petitioner is also added as plaintiff in the suit filed by the original plaintiff-Smt. Lata Devnani.

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This Court accordingly, considering the settlement of dispute between the parties and no objection about transposition of the petitioner-plaintiff, deems it proper to allow the present writ petition and the petitioner-Jayant Devnani, may also be treated as plaintiff along with Smt. Lata Devnani and the Trial Court will accordingly proceed in the matter.

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Accordingly, the present writ petition stands allowed.

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(ASHOK KUMAR GAUR),J

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Bhavnesh/Monika

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Jayant Devnani v. Smt Lata Devnani and Ors.

Case brief

What is this about?

What did the court decide?

Jayant Devnani v. Smt Lata Devnani and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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