Disposed

Aamin, S/O Ibrahim v. Smt. Draupadi Devi W/O Shri Atmaram Joshi

Rajasthan HC13 Apr 2023CW/3203/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of the writ petition directing the Revenue Appellate Authority to decide pending applications under Section 5 of the Limitation Act and Section 96 of CPC regarding condonation of delay and leave to appeal before considering any interim relief on the next date of hearing.

What did the court decide?

Directed Revenue Appellate Authority to decide Section 5 Limitation Act and CPC Section 96 applications on merits before considering interim relief.

Aamin, S/O Ibrahim Vs Smt. Draupadi Devi W/O Shri… — Property and Title | Rajasthan HC (2023)

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[2023/RJJP/006522]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3203/2023

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Aamin, S/o Ibrahim, Aged About 60 Years, R/o Mohalla Imam Nagar, Ward No. 28, Kasba And District Jhunjhunu, Rajasthan. 333001

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Hamid Ali, S/o Ibrahim, Aged About 50 Years, R/o Mohalla Imam Nagar, Ward No. 28, Kasba And District Jhunjhunu, Rajasthan. 333001

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Jameela Bano W/o Sirajuddin, Aged About 70 Years, R/o Imam Nagar, Ward No. 27, District Jhunjhunu, Rajasthan.

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Chand, S/o Sirajuddin, Aged About 35 Years, R/o Imam Nagar, Ward No. 27, District Jhunjhunu, Rajasthan.

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Salim, S/o Sirajuddin, Aged About 28 Years, R/o Imam Nagar, Ward No. 27, District Jhunjhunu, Rajasthan.

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Mehmooda, D/o Sirajuddin, Aged About 50 Years, R/o Imam Nagar, Ward No. 27, District Jhunjhunu, Rajasthan. Currently Residing At Malsisar.

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Ruksana, D/o Sirajuddin, Aged About 47 Years, R/o Imam Nagar, Ward No. 27, District Jhunjhunu, Rajasthan. Currently Residing At Ardawata.

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Saabira, D/o Sirajuddin, Aged About 43 Years, R/o Imam Nagar, Ward No. 27, District Jhunjhunu, Rajasthan. Currently Residing At Bhatiwad.

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Parveen, D/o Sirajuddin, Aged About 41 Years, R/o Imam Nagar, Ward No. 27, District Jhunjhunu, Rajasthan. Currently Residing At Chandwa

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Jaasmin, D/o Sirajuddin, Aged About 39 Years, R/o Imam Nagar, Ward No. 27, District Jhunjhunu, Rajasthan. Currently Residing At Mukundgarh

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Daulat, D/o Sirajuddin, Aged About 30 Years, R/o Imam Nagar, Ward No. 27, District Jhunjhunu, Rajasthan. Currently Residing At Churu.

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Nazma, D/o Ibrahim, Aged About 56 Years, R/o Mohalla Imam Nagar, Ward No. 28, Kasba And District Jhunjhunu, Rajasthan.

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Kulsum, D/o Ibrahim, Aged About 54 Years, R/o Mohalla Imam Nagar, Ward No. 28, Kasba And District Jhunjhunu, Rajasthan.

(2 of 3)

[2023/RJJP/006522]

[CW-3203/2023]

Khateeja, D/o Ibrahim, Aged About 52 Years, R/o Mohalla Imam Nagar, Ward No. 28, Kasba And District Jhunjhunu, Rajasthan. Currently Residing At Mandawa

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Ameena, D/o Ibrahim, Aged About 46 Years, R/o Mohalla Imam Nagar, Ward No. 28, Kasba And District Jhunjhunu, Rajasthan. Currently Residing At Sikar. Through General Power Of Attorney Holder, Mohammad Rafique S/o Late Abdul Gani, Aged About 33 Years, R/o Ward No. 14, Behind Reliance Petrol Pump, Jhunjhunu, Rajasthan. 333001

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----Petitioners

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Versus

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Smt. Draupadi Devi W/o Shri Atmaram Joshi, R/o Guda Mod, Road No. 3, Jhunjhunu, Rajasthan, 333001.

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Vimal Kumar, S/o Late Shri Atmaram Joshi, R/o Guda Mod, Road No. 3, Jhunjhunu, Rajasthan, 333001.

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Naresh Kumar, S/o Late Shri Atmaram Joshi, R/o Guda Mod, Road No. 3, Jhunjhunu, Rajasthan, 333001.

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Somesh Kumar, S/o Late Shri Atmaram Joshi, R/o Guda Mod, Road No. 3, Jhunjhunu, Rajasthan, 333001.

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Lalit Kumar, Late Shri Atmaram Joshi, R/o Guda Mod, Road No. 3, Jhunjhunu, Rajasthan, 333001.

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State Of Rajasthan Through Land Holder Tehsildar, Jhunjhunu 333001.

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Nagar Parishad Jhunjhunu Through Commissioner, Jhunjhunu, 333001

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Sub-Registrar, Sub-Registrar Office, Jhunjhunu, 333001. 9. Shri Pratap Singh S/o Late Shri Bhuraram, R/o Bhaaru, Tehsil Mandawa, District Jhunjhunu, Rajasthan, 333001.

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Shri Yadav Chandra S/o Shri Norang Singh, R/o Nayasar Tehsil And District, Jhunjhunu, Rajasthan, 333001.

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----Respondents

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[2023/RJJP/006522]	(3 of 3) [CW-3203/2023]
For Petitioner(s)	: Mr. S.S. Hora Mr. Yuvraj Samant Ms. Neha Amola Mr. Prafull Khandal Mr. Neeraj
For Respondent(s)	: Mr. S.K. Gupta, Sr. Adv., assisted by Ms. Surabhi Agrawal Mr. Ashwani Kumar Gupta Mr. Vinod Kumar Gupta Mr. Akshay Sharma

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HON'BLE MR. JUSTICE INDERJEET SINGH Order

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13/04/2023

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Admittedly, the appeal filed on behalf of the petitioners is pending before the Revenue Appellate Authority along with two applications one is under Section 5 of the Limitation Act for condonation of delay and another is under Section 96 of CPC for grant of leave to appeal against the order passed by the SDO.

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This Court on 10.03.2023, while issuing notice to the respondents directed the parties to maintain the status quo with regard to land and revenue record.

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Both the counsels agree that the Revenue Appellate Authority be directed to decide the application under Section 5 of the Limitation Act for condonation of delay filed by the petitioner as well as application under Section 96 of CPC before passing of any interim order on the next date of hearing.

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In that view of the matter, I dispose of this writ petition with the direction to the learned Revenue Appellate Authority to decide the aforesaid applications on merits before considering the application for interim relief on the next date of hearing positively.

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The interim order passed by this Court on 10.03.2023 shall continue up to 25.04.2023.

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(INDERJEET SINGH),J

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Upendra Pratap Singh /33

Aamin, S/O Ibrahim v. Smt. Draupadi Devi W/O Shri Atmaram Joshi

Case brief

What is this about?

What did the court decide?

Aamin, S/O Ibrahim v. Smt. Draupadi Devi W/O Shri Atmaram Joshi

Case brief

What is this about?

What did the court decide?

What the court decided

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