Revision petition concerning a suit for eviction and maintainability where a prior suit under the Transfer of Property Act was pending. Petitioner sought liberty to file an appropriate application before the trial court; the revision petition was dismissed as withdrawn with that liberty.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Revision Petition No. 3012024
Pooran Soni S/o Shri Bhanwar Lal Soni, R/o Property Municipal No. 2/2, Madhopuriya Gali No. 1, House No. 7, Madhopuriya Mohalla, Beawar, District Ajmer (Raj.) Other Address Sitla Mata Gali, Near Maliyan Temple, Beawar, District Ajmer.
Versus
Arvind Kumar Sarraf S/o Shri Devakinandan Agarwal, R/o Champa Nagar, Beawar, District Ajmer (Raj.).
For Petitioner(s) : Mr. Abhimanyu Singh for Mr. Jai Prakash Gupta
For Respondent(s)
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
13/02/2024
During course of arguments, learned counsel submitted that after filing of a suit under the TP Act by Saroj Bansal, a subsequent suit for eviction is also filed before the Rent Controller by her husband-Arvind Kumar on identical ground, therefore, the civil suit is not maintainable and liable to be dismissed. He submitted that the petitioner inadvertently, filed an application under Order 7 Rule 11 CPC, which was dismissed. He also submitted that the petitioner may file application under Section 10 CPC or under appropriate provision, so a liberty be granted to him to file application before the Trial Court. With liberty as aforesaid, he offers to withdraw this revision petition.
Considered the submissions.
The petition is dismissed as withdrawn, with liberty as
aforesaid.
Misc. application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J
GAURAV 113
Pooran Soni
Arvind Kumar Sarraf
Ashok Kumar Jain
As recorded by the court registry
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