Dismissed

Jagdish Narayan S/O Late Panchuram Meena v. Rajasthan Housing Board

Rajasthan HC28 Aug 2024CW/9706/2024

Case brief

AI extract

What is this about?

The High Court dismissed writ petitions challenging orders allowing restoration of a default judgment under Order 9 Rule 7 CPC, holding the trial court was wrong in imposing costs and should not be interfered with on merits at this stage.

What did the court decide?

The writ petitions challenging the restoration orders were dismissed; stay applications disposed of.

Jagdish Narayan S/O Late Panchuram Meena Vs… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:35967]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 9706/2024

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Jagdish Narayan S/o Late Panchuram Meena, Aged About 75 Years, R/o Village Laxmidamodarpura @ Nagariyawala, Near Sector Seven, Tehsil Sanganer, District Jaipur.

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----Plaintiff-Petitioner

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Versus

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Rajasthan Housing Board, Through Commissioner, Jyoti Nagar, Near New Vidhansabha, Jaipur, District Jaipur.

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Rajasthan Housing Board, Through Dy. Commissioner, Circle First, Pratap Nagar, Sanganer, Jaipur.

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Housing Engineer, Rajasthan Housing Board, Davison Third, Pratap Nagar, Sanganer, Jaipur.

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State Of Rajasthan, Through Principal Secretary, Government Secretariat, Jaipur.

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Special Officer, Urban Development And Housing Department, Rajasthan Housing Board, Near New Vidhansabha, Jaipur.

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Tehsildar, Tehsil Sanganer, Jaipur.

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----Defendants-Respondents Connected With

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S.B. Civil Writ Petition No. 9761/2024

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Jagdish Narayan S/o Late Panchuram Meena, Aged About 75 Years, R/o Village Laxmidamodarpura @ Nagariyawala, Near Sector Seven, Tehsil Sanganer, District Jaipur.

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----Plaintiff-Petitioner

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Versus

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Rajasthan Housing Board, Through Commissioner, Jyoti Nagar, Near New Vidhansabha, Jaipur, District Jaipur.

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Rajasthan Housing Board, Through Dy. Commissioner, Circle First, Pratap Nagar, Sanganer, Jaipur.

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Housing Engineer, Rajasthan Housing Board Davison Third, Pratap Nagar, Sanganer, Jaipur.

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State Of Rajasthan, Through Principal Secretary, Government Secretariat, Jaipur.

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(2 of 3) [CW-9706/2024]

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[2024:RJ-JP:35967]

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Special Officer, Urban Development And Housing Department, Rajasthan Housing Board, Near New Vidhansabha, Jaipur.

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Tehsildar, Tehsil Sanganer, Jaipur.

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----Defendants-Respondents

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For Petitioner(s) For Respondent(s)

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: Mr. S.L. Sharma :

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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28/08/2024

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Two separate applications filed under Order 9 Rule 7 CPC, one in the Civil Suit No.20/2009(28/2009) and another in the application for temporary injunction bearing No.36/2009 have been allowed by two separate orders of even date i.e. 04.05.2024 by the Court of Additional Civil Judge No.17, Jaipur Metropolitan-I, Head Quarter Sanganer whereagainst plaintiffs-petitioners have preferred these two writ petitions under Article 227 of the Constitution of India.

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Heard counsel for petitioners and perused the record.

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It is not in dispute that the suit is at the stage of plaintiffs’ evidence and in the application for temporary injunction as well, arguments are yet to be heard. At this stage, the respondentsdefendants-Rajasthan Housing Board and its ancillary authorities, have been allowed to participate in the application for temporary injunction as well as in the suit proceedings and to file reply.

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Counsel for petitioners though during course of arguments made a persuasive attempt to show the negligency of respondents, however, this Court is of considered opinion that the

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[2024:RJ-JP:35967]

[CW-9706/2024]

trial Court has saddled the respondents-defendants with cost to compensate the delay as well as for their conduct.

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In such view of matter, this Court in exercise of jurisdiction under Article 227 of the Constitution of India is not inclined to interfere with the impugned orders.

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Accordingly, the instant writ petitions are hereby dismissed.

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Stay application and any other pending application(s), if any, stands disposed of.

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A copy of this Order be sent to the trial Court.

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(SUDESH BANSAL),J

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SOURAV /59-60

Jagdish Narayan S/O Late Panchuram Meena v. Rajasthan Housing Board

Case brief

What is this about?

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Jagdish Narayan S/O Late Panchuram Meena v. Rajasthan Housing Board

Case brief

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