Dismissed

Smt. Keshar W/O Dhaniram v. Rambharosi, Son of Badle

Rajasthan HC28 Aug 2024CW/13215/2024

Case brief

AI extract

What is this about?

The court dismissed the writ petition as not pressed, having been withdrawn by the petitioners. Petitioners were granted liberty to file an application before the trial court to withdraw the original suit and seek permission to file a fresh suit for mandatory injunction.

What did the court decide?

Liberty granted to file application before trial Court to withdraw suit and seek permission to file fresh suit.

Smt. Keshar W/O Dhaniram Vs Rambharosi, Son… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:35960]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 13215/2024

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Smt. Keshar W/o Dhaniram, Aged About 60 Years, R/o Bhatta Colony, Hindaun City, District Karauli (Rajasthan) (Deceased)

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Dhaniram S/o Mohanlal, Aged About 52 Years, R/o Bhatta Colony, Hindaun City, District Karauli (Rajasthan) (Deceased)

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2/1. Ramesh Chand, Son Of Late Dhaniram, Aged About 51 Years, R/o Bhatta Colony, Hindaun City, District Karauli.

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2/2. Lohade @ Mahesh, Aged About 50 Years, Son Of Late Dhaniram, R/o Bhatta Colony, Hindaun City, District Karauli.

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2/3. Rajesh, Son Of Late Dhaniram, Aged About 47 Years, R/o Bhatta Colony, Hindaun City, District Karauli.

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2/4. Laxman, Son Of Late Dhaniram, Aged About 42 Years, R/o Bhatta Colony, Hindaun City, District Karauli.

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2/5. Mu. Prem, Daughter Late Dhaniram, Wife Of Girraj, Aged About 49 Years, R/o Bagore, Tehsil Nadauti, District Karauli.

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2/6. Mu. Kinna, Daughter Late Dhaniram, Wife Of Raghuveer, Aged About 48 Years, R/o Bagore, Tehsil Nadauti, District Karauli (Rajasthan)

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2/7. Mu. Mithi @ Vidya, Daughter Of Late Dhaniram, Wife Of Harkesh, Aged About 40 Years, R/o Nimoda Khedla, Tehsil Sapotara, District Karauli (Rajasthan).

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----Petitioners/Plaintiffs

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Versus

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Rambharosi, Son Of Badle, R/o Jat Ki Saray, Hindaun, Presently Amritpuri Colony, Near Pashu Hospital, Hindaun City, District Karauli (Rajasthan) (Deceased)

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1/1. Karan Singh, Son Of Late Shri Rambharosi, R/o Jat Ki Saray, Hindaun City, District Karauli (Rajasthan)

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1/2. Badan Singh, Son Of Late Shri Rambharosi, R/o Jat Ki Saray, Hindaun City, District Karauli (Rajasthan)

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1/3. Sujan Singh, Son Of Late Shri Rambharosi, R/o Jat Ki Saray, Hindaun City, District Karauli (Rajasthan)

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1/4. Santara Wife Of Late Deewan Singh, Son Of Rambharosi, R/o Jat Ki Saray, Hindaun City, District Karauli (Rajasthan).

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1/5. Dalveer, Son Of Deewan Singh, R/o Jat Ki Saray, Hindaun City, District Karauli (Rajasthan).

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1/6. Darshan Singh, Son Of Deewan Singh, R/o Jat Ki Saray, Hindaun City, District Karauli (Rajasthan).

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Kaptan Singh, Son Of Sardar Singh, Aged About 40 Years, R/o Dhahra, Presently Residing At Madholal Thekedar Ke

(2 of 3)

[2024:RJ-JP:35960]

[CW-13215/2024]

Makan Ke Pass, Krishna Colony, Hindaun City, District Karauli (Rajasthan).

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----Respondents/Defendants

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For Petitioner(s) : Mr. Vikram Singh Chauhan, Mr. Anil Agarwal For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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28/08/2024

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Instant writ petition under Article 227 of the Constitution of India has been filed by petitioners-plaintiffs, feeling aggrieved by dismissal of their application under Order 6 Rule 17 CPC vide order dated 31.07.2024 by the Court of Additional Civil Judge & Judicial Magistrate No.1, Hindaun City in Civil Suit No.90/2014.

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Counsel for petitioners states that petitioners-plaintiffs have filed a civil suit for permanent injunction, but during course of trial of the suit, it has transpired that defendants had made encroachment over the subject land, therefore, petitionersplaintiffs, by way of filing application under Order 6 Rule 17 CPC, sought to amend the suit by adding prayer of mandatory injunction, but same has been dismissed by the trial Court vide order impugned.

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Counsel for petitioners, after arguing for some time, seeks permission to withdraw this writ petition with liberty to file an application before the trial Court to withdraw the suit for permanent injunction, in order to file a fresh suit for mandatory injunction.

(3 of 3)

[2024:RJ-JP:35960]

[CW-13215/2024]

In view of above, the present writ petition is dismissed as not press. Petitioners-plaintiffs are free to move an application for withdrawal of the suit before the trial Court, and in case, any prayer, in respect of seeking permission to file a fresh suit for mandatory injunction is made, same shall be considered by the trial Court in accordance with law.

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All pending application(s), if any, stand(s) disposed of.

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(SUDESH BANSAL),J

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Sachin/51

Smt. Keshar W/O Dhaniram v. Rambharosi, Son of Badle

Case brief

What is this about?

What did the court decide?

Smt. Keshar W/O Dhaniram v. Rambharosi, Son of Badle

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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