Sanjay Kumar Sarawagi v. Saket Jain (Sarawagi)
Case brief
What is this about?
The High Court of Rajasthan at Jodhpur transferred the application for removal of a Deputy Registrar to the appropriate High Court without discussing objections, as the application pertained to a third party and the underlying debt question remains undecided by the Impugned Order.
What did the court decide?
Transfer of the application for removal of the Deputy Registrar to the appropriate High Court.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 193/2021
Sanjay Kumar Sarawagi S/o Gopikishan Sarawagi, Aged About 54 Years, Churu Balika Mahavidyalay Ke Samne, Churu. At Present 202, Krishna Regency, Behind Krishna Signature Mall, Gidc Colony, Umbrao Gaav, Valsaad, Gujarat
----Appellant
Versus
- Saket Jain (Sarawagi) S/o Pawan Kumar Sarawagi, Aged About 34 Years, Churu Balika Mahavidyalay Ke Samne, Churu. At Present Akshaytara Apartment, Block No. 14, Flat No. 03, Second Mile, Sivok Road, Siligudi -7 34001
- Prithviraj S/o Tilokchand Bhati, Naliya Bass, Sujangarh, Dis. Churu, Second Address Khemka Tower Ke Pass, Ratangarh, Dis. Churu
- Nanuram S/o Sheraram Birda, Derajsar, Tehsil Ratangarh, Dis. Churu, Second Address Salasar Road, Ratangarh, Dis. Churu
- Omprakash Prajapat S/o Onkarmal Prajapat, Agrasen Nagar Park Ke Pas, Agrasen Nagar, Churu
- Naurtan Prajapat S/o Pokarmal, Ward No. 23, Churu 6. Deputy Registrar, Deputy Registration Officer, Churu 7. Executive Officer, Municipal Council, Churu, In Front Of Government Hospital, Churu
Issues for consideration
3 issues framed by the court
Whether Section 7 of the Limitation Act applies to an application seeking the removal of a deputy registrar under Section 6(3) of the Indian Registration Act.
Whether the debt of the suit property is valid given that the father of the owner-parties was declared insolvent by a decree of the High Court.
Whether the application for removal of the Deputy Registrar was defeasible under Article 239 of the Limitation Act.
Parties & counsel
- appellant
Sanjay Kumar Sarawagi
- respondent
Saket Jain (Sarawagi)
- respondent
Prithviraj
- respondent
Nanuram
- respondent
Omprakash Prajapat
- respondent
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · May
- Registered
- Case no.
- CMA/193/2021
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