Dismissed

Raja Ram Gaur v. Lalit Kothari and Others

Rajasthan HC16 Nov 2023CMAP/1385/2012

Case brief

AI extract

What is this about?

In this S.B. Civil Miscellaneous Application, the High Court of Rajasthan, Bench at Jaipur disposed of an application filed for recalling an order dated 08.08.2012. The Court held that the applicant, who had given an undertaking, could file a fresh contempt petition only after the decision in a pending special appeal. Consequently, the application for recalling was dismissed.

What did the court decide?

The application filed for recalling the order dated 08.08.2012 is dismissed.

Raja Ram Gaur Vs Lalit Kothari and Others — Civil Procedure and Limitation | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Application No. 1385/2012

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Raja Ram Gaur S/o Late Shri Ganeshlal R/o Purana Chungi Ke Pass, Ajmer Road, Madanganj-Kishanganj, District Ajmer.

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----Petitioner

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Versus

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Shri Lalit Kothari Chairman Rajasthan Housing Board, Bhagwandas Road, Jaipur.

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Shri P. C. Khandelwal, Estate Manager-1, Rajasthan Housing Board, Pratapnagar, Sanganer, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Rajendra Yadav, Adv. with Ms. Anisha Yadav, Adv.

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For Respondent(s) : Mr. Ajay Shukla, Adv. with Mr. Raghav Sharma, Adv. & Mr. Puspendra, Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

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16/11/2023

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The present application has been filed by the applicantpetitioner (for short ‘ the applicant’) for recalling the order dated 08.08.2012 passed by this court in S. B. Civil Contempt Petition No.1049/2010.

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Learned counsel for the applicant submits that the applicant was not present before this court on 08.08.2012 when S. B. Civil Contempt Petition No.1049/2010 was dismissed by this court with liberty to the petitioner to file a fresh contempt petition after decision in D. B. Civil Special Appeal(W) No.291/2011. Learned counsel for the applicant also submits that the applicant had given an undertaking before the Division Bench that he will not pursue the contempt proceedings. The Division Bench referred the matter

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[CMAP-1385/2012]

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(2 of 2)

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to the Mediation Centre, Rajasthan High Court, Jaipur Bench for mediation but the same remained unsuccessful. There is no stay order passed by the Division Bench in D. B. Civil Special Appeal(W) No.291/11. So, the order dated 08.01.2012 passed by this court be recalled.

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Learned counsel for the respondents-non-applicants(for short ‘the non-applicants’) has opposed the arguments advanced by learned counsel for the applicant and submitted that D. B. Civil Special Appeal(W) No.291/2011 is still pending. This court vide order dated 08.08.2012 dismissed the contempt petition with liberty to the applicant to file a fresh contempt petition after decision in the said appeal. So, the present application is misconceived and liable to be dismissed.

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I have considered the arguments advanced by learned counsel for the applicant as well as learned counsel for the nonapplicant.

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This court vide order dated 08.08.2012 dismissed the contempt petition on account of an undertaking given by the applicant before the Division Bench that he will not pursue the contempt proceedings on that basis liberty was granted to the applicant to file a fresh contempt petition after decision in the said D. B. Civil Special Appeal(W) No.291/2011. The said D. B. Special Appeal is still pending. So, in my considered opinion, the present application for recalling the order dated 08.08.2012 is liable to be dismissed, which stands dismissed accordingly.

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(NARENDRA SINGH DHADDHA),J

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Gourav/07

Raja Ram Gaur v. Lalit Kothari and Others

Case brief

What is this about?

What did the court decide?

Raja Ram Gaur v. Lalit Kothari and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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