Dismissed

Ashok Kumar Son of Late Shri Jethanand v. Civil Judge (Jd)

Rajasthan HC6 Sept 2023CW/15714/2009

Case brief

AI extract

What is this about?

This judgment dismisses three connected writ petitions filed by Ashok Kumar and Sushil Kumar. The High Court held that since the trial court had finally decided the matters, appropriate steps could be taken before the appropriate forum, and the writ petitions were dismissed with liberty to approach the appropriate forum.

What did the court decide?

Dismissal of writ petitions with liberty to approach the appropriate forum.

Ashok Kumar Son of Late Shri Jethanand Vs… — Civil Procedure and Limitation | Rajasthan HC (2023)

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[2023:RJ-JP:21474]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 15716/2009

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Ashok Kumar son of late Shri Jethanand aged about 60 years 2. Sushil Kumar Son Of Late Shri Jethanand, Aged About 57 Years, Both Resident Of Ward No. 9, Near Salasar Bus Stand, Ganesh Vidhya Mandir, Sikar (Raj.)

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----Petitioner

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Versus

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Civil Judge (JD), Sikar (Raj)

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--Non petitioner

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Nand Lal son of Late Shri Duli Chand, resident of Polo Ground, Sikar (Raj.)

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Smt. Mohini Devi wife of Chiranji Lal Modi

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(Expired in the year 2014)

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3/1. Paras Modi S/o late Om Prakash Modi (S/o late Chiranji Lal Modi), R/o Dang Ki Nasia, Bajaj Road, Sikar (Raj.

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3/2. Sampat Prakash Modi S/o late Chiranji Lal Modi, R/o Dang Ki Nasia, Bajar Road, Sikar (Raj.)

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3/3. Dharam Chand Modi S/o late Chiranji Lal Modi, R/o Dang Ki Nasia, Bajaj Road, Sikar

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Municipal Council, Sikar (Raj) through its Commissioner.

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Defendants/Non-petitioners

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Connected With

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S.B. Civil Writ Petition No. 15714/2009

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Ashok Kumar son of late Shri Jethanand aged about 60 years 2. Sushil Kumar Son Of Late Shri Jethanand, Aged About 57 Years, Both Resident Of Ward No. 9, Near Salasar Bus Stand, Ganesh Vidhya Mandir, Sikar (Raj.)

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----Petitioner

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Versus

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Civil Judge (JD), Sikar (Raj)

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--Non petitioner

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Radhey Shyam Nai son of Shri Hanuman Bus Nai

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(Expired on 31/03/2020) 2/1. Kishan Lal son of late Shri Radhey Shyam Nai, resident of ward No. 5, Kamaal Street, Near Municipal Council, Sikar (Raj.) 3. Smt. Mohini Devi wife of Chiranji Lal Modi

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(Expired in the year 2014)

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3/1. Paras Modi S/o late Om Prakash Modi (S/o late Chiranji Lal

(2 of 3)

[2023:RJ-JP:21474]

[CW-15716/2009]

Modi), R/o Dang Ki Nasia, Bajaj Road, Sikar (Raj.

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3/2. Sampat Prakash Modi S/o late Chiranji Lal Modi, R/o Dang Ki Nasia, Bajar Road, Sikar (Raj.)

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3/3. Dharam Chand Modi S/o late Chiranji Lal Modi, R/o Dang Ki Nasia, Bajaj Road, Sikar

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Municipal Council, Sikar (Raj) through its Commissioner.

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Defendants/Non-petitioners

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S.B. Civil Writ Petition No. 15715/2009

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Ashok Kumar son of late Shri Jethanand aged about 60 years

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Sushil Kumar Son Of Late Shri Jethanand, Aged About 57 Years, Both Resident Of Ward No. 9, Near Salasar Bus Stand, Ganesh Vidhya Mandir, Sikar (Raj.)

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----Petitioner

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Versus

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Civil Judge (JD), Sikar (Raj)

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--Non petitioner

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Shyam Sundar Son of Shri Nand Lal, resident of Polo Ground, Prem Prakash Marg, Sikar (Raj.)

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Smt. Mohini Devi wife of Chiranji Lal Modi

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(Expired in the year 2014)

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3/1. Paras Modi S/o late Om Prakash Modi (S/o late Chiranji Lal Modi), R/o Dang Ki Nasia, Bajaj Road, Sikar (Raj.

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3/2. Sampat Prakash Modi S/o late Chiranji Lal Modi, R/o Dang Ki Nasia, Bajar Road, Sikar (Raj.)

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3/3. Dharam Chand Modi S/o late Chiranji Lal Modi, R/o Dang Ki Nasia, Bajaj Road, Sikar

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Municipal Council, Sikar (Raj) through its Commissioner.

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Defendants/Non-petitioners

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For Petitioner(s) : Mr. Ajay Gupta For Respondent(s) : Mr. Tanmay Dhand

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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06/09/2023

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Learned counsel for the petitioner submits that the learned trial court has finally decided the matters.

[2023:RJ-JP:21474]

[CW-15716/2009]

(3 of 3)

In view of the above, the writ petitions are dismissed with liberty to the petitioner to take appropriate steps before the appropriate forum in accordance with law.

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(SAMEER JAIN),J

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ANIL SHARMA /129-131

Ashok Kumar Son of Late Shri Jethanand v. Civil Judge (Jd)

Case brief

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What did the court decide?

Ashok Kumar Son of Late Shri Jethanand v. Civil Judge (Jd)

Case brief

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