Dismissed

Smt Marudhar Kanwar v. Deepak Sharma and Ors.

Rajasthan HC24 Jul 2023CW/8058/2018

Case brief

AI extract

What is this about?

This Single Bench order dismissed the writ petition as infructuous. The Court held that since the main suit was dismissed in default in a lower order dated 30.01.2021, the writ petition challenging an order on a temporary injunction application rendered by the trial court was no longer maintainable.

What did the court decide?

The writ petition was dismissed as having become infructuous; stay applications and other pending applications were dismissed.

Smt Marudhar Kanwar Vs Deepak Sharma and Ors. — Civil Procedure and Limitation | Rajasthan HC (2023)

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[2023:RJ-JP:15051]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 8058/2018

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Smt. Marudhar Kanwar W/o Mahendra Singh Shekhawat, R/o Plot No. 16, Lajpat Nagar, Jhotwara, Jaipur Rajasthan.

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----Petitioner

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Versus

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1. Deepak Sharma S/o Late Shri Suresh Sharma, R/o Plot No. 15, Lajpat Nagar, Jhotwara, Jaipur Raj.

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Anil Kumar Sharma S/o Late Shri Suresh Sharma, R/o Plot No. 15, Lajpat Nagar, Jhotwara, Jaipur Raj.

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Nagar Nigam Jaipur Through Commissioner, Address Pandit Deendayal Bhawan, Lal Kothi, Jaipur Raj.

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----Respondents

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For Petitioner(s)	: Mr. Anshuman Shukla for Mr. Indresh
	Sharma
For Respondent(s)	: Mr. Siddharth Bapna

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Judgment / Order

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24/07/2023

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The present writ petition has been filed against the order dated 24.03.2018 passed by the Court of Additional District Judge No.5, Jaipur Metropolitan, whereby the appeal filed by the respondent-appellant was allowed and the order dated 26.02.2018 passed by the Additional Civil Judge and Metropolitan Magistrate No.4, Jaipur Metropolitan, Jaipur was set aside.

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Vide order dated 26.02.2018, the learned trial Court allowed the application of the plaintiff-petitioner for temporary injunction.

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Counsel for the respondents submits that the main suit has been dismissed in default vide order dated 30.01.2021 and the plaintiff-petitioner has not filed any application for restoration of

[2023:RJ-JP:15051]

[CW-8058/2018]

(2 of 2)

the same. Counsel further submits that the main suit has already been disposed of, therefore, the present writ petition filed in respect of order on application for temporary injunction has become infructuous.

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On perusal of the order dated 30.01.2021 passed by the Additional Civil Judge & Metropolitan Magistrate No.2, Jaipur Metropolitan-II, this Court finds that the main suit has already been dismissed in default. In such circumstances, the present writ petition in regard to the order on application for temporary injunction has become infructuous.

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Therefore, the present writ petition is dismissed as having become infructuous.

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Since the main petition is dismissed, stay application and all other pending applications also stand dismissed.

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(GANESH RAM MEENA),J

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ARTI SHARMA /49

Smt Marudhar Kanwar v. Deepak Sharma and Ors.

Case brief

What is this about?

What did the court decide?

Smt Marudhar Kanwar v. Deepak Sharma and Ors.

Case brief

What is this about?

What did the court decide?

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